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Full text of "North Carolina Register v.8 no. 23 (3/1/1994)"

l/^SFH /1434- /./X 



— 



RECEIVED 



MAR 3 1994 

KATHRINE R EVERETT 
LAW LIBRARY 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



i|Trj©w| |j o I 



EXECUTIVE ORDERS 



IN ADDITION 

Voting Rights Act 
Tax Review Board 



PROPOSED RULES 

Environment, Health, and Natural Resources 

General Contractors 

Labor 

Public Education 

State Personnel 



RRC OBJECTIONS 



RULES INVALIDATED BY JUDICIAL DECISION 



CONTESTED CASE DECISIONS 



ISSUE DATE: March 1, 1994 



Volume 8 • Issue 23 • Pages 2214-2355 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 



The North Carolina Register is published twice a momh and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
Genera] Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars (S105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. 
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the findings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



i 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further brok~n down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (SO. 15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
(S750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 

Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



« 



FOR INFORMATION CONTACT: Office of 
Administrative Hearings, ATTN: Rules Division, P.O. 
Drawer 27447, Raleigh. North Carolina 27611-7447, (919) 
733-2678. 



i 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director o/APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



ISSUE CONTENTS 



I. EXECUTIVE ORDERS 

Executive Orders 38-39 2214 

II. IN ADDITION 

Voting Rights Act 2216 

Tax Review Board 2217 



III. PROPOSED RULES 
Environment, Health, and 

Natural Resources 

Departmental Rules 2223 

Environmental Management .... 2243 
Labor 

OSHA 2221 

Licensing Board 

General Contractors 2320 

Public Education 

Elementary & Secondary 2319 

State Personnel 

Office of State Personnel 2325 

IV. RRC OBJECTIONS 2332 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 2340 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2341 

VII. CUMULATIVE INDEX 2352 



NORTH CAROLINA REGISTER 

Publication Schedule 

(March 1994 - January 1995) 



Volume 
and 

Issue 
Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 
from 
notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


8:23 


03/01/94 


02/08/94 


02/15/94 


03/16/94 


03/31/94 


04/20/94 


06/01/94 


8:24 


03/15/94 


02/22/94 


03/01/94 


03/30/94 


04/14/94 


04/20/94 


06/01/94 


9:1 


04/04/94 


03/11/94 


03/18/94 


04/19/94 


05/04/94 


05/20/94 


07/01/94 


9:2 


04/15/94 


03/24/94 


03/31/94 


05/02/94 


05/16/94 


05/20/94 


07/01/94 


9:3 


05/02/94 


04/11/94 


04/18/94 


05/17/94 


06/01/94 


06/20/94 


08/01/94 


9:4 


05/16/94 


04/25/94 


05/02/94 


05/31/94 


06/15/94 


06/20/94 


08/01/94 


9:5 


06/01/94 


05/10/94 


05/17/94 


06/16/94 


07/01/94 


07/20/94 


09/01/94 


9:6 


06/15/94 


05/24/94 


06/01/94 


06/30/94 


07/15/94 


07/20/94 


09/01/94 


9:7 


07/01/94 


06/10/94 


06/17/94 


07/18/94 


08/01/94 


08/22/94 


10/01/94 


9:8 


07/15/94 


06/23/94 


06/30/94 


08/01/94 


08/15/94 


08/22/94 


10/01/94 


9:9 


08/01/94 


07/11/94 


07/18/94 


08/16/94 


08/31/94 


09/20/94 


11/01/94 


9:10 


08/15/94 


07/25/94 


08/01/94 


08/30/94 


09/14/94 


09/20/94 


11/01/94 


9:11 


09/01/94 


08/11/94 


08/18/94 


09/16/94 


10/03/94 


10/20/94 


12/01/94 


9:12 


09/15/94 


08/24/94 


08/31/94 


09/30/94 


10/17/94 


10/20/94 


12/01/94 


9:13 


10/03/94 


09/12/94 


09/19/94 


10/18/94 


11/02/94 


11/21/94 


01/01/95 


9:14 


10/14/94 


09/23/94 


09/30/94 


10/31/94 


11/14/94 


11/21/94 


01/01/95 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 
of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 
** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next 
calendar month. 



Revised 03/94 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 38 

COUNCIL ON HEALTH POLICY 

INFORMATION 

WHEREAS, the value of reliable, timely, and 
comprehensive health information is crucial for 
policy-making and program management, and; 

WHEREAS, every effort must be made to 
remove obstacles which hinder the use of data by 
health policy makers, and; 

WHEREAS, interagency communication and 
cooperation is necessary for agencies responsible 
for the creation of effective health policy since no 
single umbrella agency has authority for all health 
programs, and; 

WHEREAS, North Carolina has been awarded 
funds from the Robert Wood Johnson Foundation 
to develop a comprehensive State health data plan 
to enhance the use of health data for policy deci- 
sion-making and program management; 

NOW, THEREFORE, by the authority vested in 
me as Governor by the Constitution and laws of 
the State of North Carolina, IT IS ORDERED: 

Section L Establishment and Rescission. 

The Council on Health Policy Information ("the 
Council") is hereby established. Martin Adminis- 
tration Executive Orders 162 and 174 are hereby 
rescinded. This Council is the successor organiza- 
tion to that one. 

Section 2. Members of the Council. 

A. The Membership of the Council shall include 
the following persons or their designees: 

(1) State Health Director, DEHNR, who will 
serve as Chair; 

(2) Chief Policy Advisor to the Governor; 

(3) Director of the Division of Medical 
Assistance, DHR; 

(4) Director of the Office of State Planning, 
Office of the Governor; 

(5) Commissioner of the Department of 
Insurance; 

(6) State Budget Officer, Office of the Gov- 
ernor; 

(7) Director of the Office of Rural Health 
and Resources Development, DHR; 

(8) Director of the Division of Aging, DHR; 

(9) Director of the Division of Facility Ser- 
vices, DHR; 

(10) Director of the Division of Mental 



Health, Developmental Disabilities, and 
Substance Abuse, DHR; 

(11) Chair of the State Health Coordinating 
Council, DHR; 

(12) Chair of the Commission for Health 
Services; 

(13) One representative from the Division of 
Maternal and Child Health, DEHNR; 

(14) Executive Director of the North Carolina 
Health Planning Commission; 

(15) Chair of the Minority Health Council, 
DHR; 

(16) One member of the State House, appoint- 
ed by the Governor; 

(17) One member of the State Senate, appoint- 
ed by the Governor, and; 

(18) Two representatives of private insurance 
companies doing business within North 
Carolina, appointed by the Governor. 

B. The following persons or their designees 
shall serve as ex officio members of the Council: 

(1) Director of the State Center for Health 
and Environmental Statistics, DEHNR; 

(2) Executive Director of the Medical Data- 
base Commission, Department of Insur- 
ance; and 

(3) Director of the Health Policy Unit of the 
Cecil G. Sheps Center for Health Servic- 
es Research, University of North Caroli- 
na School of Public Health. 

C. The following persons or their designees are 
requested to serve as members of the Council: 

(1) President of the North Carolina Health 
Care Facilities Association; 

(2) President of the Association of Local 
Health Directors; 

(3) President of the North Carolina Hospital 
Association; 

(4) Executive Director of the North Carolina 
Association for Home Care; 

(5) Executive Director of the North Carolina 
Association of Long-Term Care Facili- 
ties; 

(6) President of the North Carolina Medical 
Society; 

(7) Director of the Duke University Institute 
for Health Policy; 

(8) President of the North Carolina Minority 
Health Center; 

(9) President of Citizens for Business and 
Industry; 

(10) One representative from the North Caro- 
lina Child Advocacy Institute; and 

(11) Executive Director of the Partnership for 
Children. 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2214 



EXECUTIVE ORDERS 



All members shall serve at the pleasure of the 
Governor. All vacancies shall be filled by the 
Governor. 

Section 3. Functions. 

A. The Council shall meet monthly, or at the 
call of the Chair. 

B. The Council shall submit to the Governor a 
State Health Data Plan which outlines: 

( 1 ) how North Carolina can further enhance 
data-based health policy-making through 
improved health statistics and information 
systems; and 

(2) how best to institutionalize a process for 
collaborative health policy formulation 
and implementation. 

C. To execute its responsibilities, the Council 
shall have the power to: 

(1) collect existing program data and request 
additional data from public and private 
sources as needed; 

(2) hold public hearings; and 

(3) set up ad hoc committees. 



ORDERED: 

Section 4 of Executive Order Number 23 is 
hereby amended to read: 

Section 4. Duties. 



The Task Force shall have the following duties: 



(d) Report its findings and recommendations to 
the Joint Legislative Education Oversight Commit- 
tee and to the State Board of Education by Febru- 
ary 1, 1995. 

This Executive Order shall be effective immedi- 
ately. 

Done in Raleigh, North Carolina, this the 4th 
day of February, 1994. 



i 



Section 4. Administration. 

A. Financial support for the Council shall be 
provided only through a grant from the Robert 
Wood Johnson Foundation, to be administered by 
DEHNR pursuant to the Executive Budget Act. 

B. Member of the Council shall be reimbursed 
for necessary travel and subsistence expenses as 
authorized under state law. Funds for such ex- 
penses shall be made available from funds provid- 
ed by the grant from the Robert Wood Johnson 
Foundation. 

C. The continuation of this Executive Order, or 
any renewal or extension thereof, is dependent 
upon and subject to the allocation of appropriation 
of funds for the purposes set forth herein (See 
N.C.G.S. 143-34.2). 



( 



This Executive Order shall become effective 
immediately. 

Done in Raleigh, North Carolina, this the 4th 
day of February, 1994. 

EXECUTIVE ORDER NO. 39 

AMENDING EXECUTIVE ORDER 

NUMBER 23 CONCERNING THE 

PUBLIC SCHOOL ADMINISTRATOR 

TASK FORCE 

By the authority vested in me as Governor by the 
laws and constitution of North Carolina, IT IS 



i 



2215 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



IN ADDITION 



1 his Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

JPT:GS:RA:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

93-4646 Washington, DC. 20035-6128 

February 2, 1994 

Donald I. McRee, Jr., Esq. 

Pasquotank County Attorney 

P. O. Box 39 

Elizabeth City, North Carolina 27907-0039 

Dear Mr. McRee: 

This refers to the polling place change in the Providence Precinct for Pasquotank County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as 
amended, 42 U.S.C. 1973c. We received your submission on December 10, 1993. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 
(28 C.F.R. 51.41). 

We note that a proper submission of a voting change for Section 5 review for delivery by the United 
States Postal Service should be addressed to the Chief, Voting Section, Civil Rights Division, Department 
of Justice, P.O. Box 66128, Washington, DC. 20035-6128. Submissions for delivery by commercial 
express service companies should be addressed to the Chief, Voting Section, Civil Rights Division, 
Department of Justice, 320 First Street, N.W., Room 818A, Washington, DC. 20001. In either case the 
envelope and first page should be marked: Submission under Section 5 of the Voting Rights Act. 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2216 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE TAX REVIEW BOARD 



In the matter of: 

The Proposed Assessment of Sales Tax for the 

Period 1 March 1989 through 14 September 1989 

by the Secretary of Revenue against Down East 

Secretary of Revenue against Down 

Rent-A-John. 



ADMINISTRATIVE 
DECISION NUMBER: 



278 



THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax 
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of 
Down East Rent-A-John for review of a Final Decision of the Deputy Secretary of Revenue entered 5 May 
1992 sustaining a proposed assessment of sales tax for the period 1 March 1989 through 14 September 1989. 

AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary 
of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the 
Deputy Secretary were fully supported by findings of fact, and that the decision by the Deputy Secretary 
was fully supported by the conclusions of law; 

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is 
confirmed in every respect. 

Entered this the 7th day of February, 1994. 

TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



John E. Thomas 

Chairman, Utilities Commission 



Jeff D Batts 



( 



2217 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE TAX REVIEW BOARD 



In the matter of: 

The Proposed Assessment of Additional Income 
Tax for the year 1 988 by the Secretary of Revenue 
against Richard A. Werner, Taxpayer. 



ADMINISTRATIVE 
DECISION NUMBER: 



279 



THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax 
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of 
Richard A. Werner, Taxpayer, for review of a Final Decision of the Deputy Secretary of Revenue entered 
1 1 June 1992 sustaining a proposed assessment of additional income tax for the taxable year 1988. 

AND IT APPEARING TO THE BOARD: (1) that the findings of fact made by the Deputy 
Secretary of Revenue regarding the Taxpayer's state of residence and other material facts were fully 
supported by competent evidence of record, that the conclusions of law made by the Deputy Secretary were 
fully supported by the findings of fact, and that the decision by the Deputy Secretary was fully supported 
by the conclusions of law; and (2) that Deputy Secretary's decision correctly applies the relevant law to 
the facts of this case; 

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is 
confirmed in every respect. 



Entered this 7th day of February, 1994. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



John E. Thomas 

Chairman, Utilities Commission 



Jeff D. Batts 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2218 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE TAX REVIEW BOARD 



i 



In the matter of: 

The Proposed Assessment of Additional Income 
Tax for the year 1981 by the Secretary of Revenue 
against Sally T. Gooden, Taxpayer. 



ADMINISTRATIVE 
DECISION NUMBER: 



280 



THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax 
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of Sally 
T. Gooden, Taxpayer, for review of a Final Decision of the Deputy Secretary of Revenue entered 3 June 
1992 sustaining a proposed assessment of additional income tax for the taxable year 1981. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary 
of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the 
Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary 
was fully supported by the conclusions of law; 

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is 

confirmed in every respect. 



Entered this 7th day of February, 1994. 



TAX REVIEW BOARD 



( 



Harlan E. Boyles, Chairman 
State Treasurer 



John E. Thomas 

Chairman, Utilities Commission 



Jeff D Batts 



i 



2219 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE TAX REVIEW BOARD 



In the matter of: 

The Proposed Assessment of Income Tax for tax 
years 1984, 1985, 1986, and 1987 by the Secretary 
of Revenue against Howard S. Nunn Jr. and 
Ilene Nunn, Taxpayers. 



ADMINISTRATIVE 
DECISION NUMBER: 



281 



THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax 
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of 
Howard S. Nunn Jr. and Ilene Nunn, Taxpayers, for review of a Final Decision of the Deputy Secretary 
of Revenue entered 11 June 1992 sustaining a proposed assessment of income tax for the tax years 1984, 
1985, 1986, and 1987. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary 
of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the 
Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary 
was fully supported by the conclusions of law; 

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is 
confirmed in every respect. 



Entered this 7th day of February, 1994. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



John E. Thomas 

Chairman, Utilities Commission 



Jeff D. Batts 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2220 



PROPOSED RULES 



TITLE 13 - DEPARTMENT OF LABOR 

Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Department of Labor intends to 
amend rules cited as 13 NCAC 7 A .0302 and 7F .0201. 

1 he proposed effective date of this action is June 1 , 1994. 

1 he public hearing will be conducted at 10:00 a.m. on March 24, 1994 at the Seaboard Building 
Conference Room, 413 N. Salisbury Street, Raleigh, NC 27603. 

ixeason for Proposed Action: Increased demand for NCDOL/OSH General Industry Standards and 
Construction Standards in addition to rise in printing costs and limited OSHA publishing budget. 

Lsomment Procedures: Persons wanting to present oral testimony at the hearing should provide a written 
summary of the proposed testimony to the Division three business days prior to the hearing date. Written 
comments will be accepted until March 31, 1994. Direct all correspondence to Jill F. Cramer, 
NCDOL/OSH. 413 N. Salisbury Street, Raleigh, NC 27603-5942. 

CHAPTER 7 - OSHA 

SUBCHAPTER 7A - GENERAL RULES AND OPERATIONAL PROCEDURES 

SECTION .0300 - PROCEDURES 

.0302 COPIES AVAILABLE 

Copies of the applicable Code of Federal Regulations sections referred to in this Chapter are available for 
public inspection at the North Carolina Department of Labor, Division of Occupational Safety and Health. 
A single copy may be obtained from the Division at ae a cost of twelve dollars and seventy -two cents 
($12.72) (inclusive of tax) ; each additional copy may b e obtain e d at a co s t of t e n dollars and s ixty c e nts 
($10.60) (inclu s iv e of tax), will be the same price. Copies may also be obtained from the U.S. Government 
Printing Office, Washington, DC. 20402. at a cost of twenty-nine dollars ($29.00). 

Statutory Authority G.S. 95-133; 150B-21.6. 

SUBCHAPTER 7F - STANDARDS 

SECTION .0200 - CONSTRUCTION STANDARDS 

.0201 CONSTRUCTION 

(a) The provisions for the Occupational Safety and Health Standards for Construction, Title 29 of the 
Code of Federal Regulations Part 1926, are incorporated by reference except that personal protective 
equipment, §1926. 28(a) is amended to read as follows: "(a) The employer is responsible for requiring the 
wearing of appropriate personal protective equipment in all operations where there is an exposure to 
hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards 
to the employees." 

(b) The parts of the Code of Federal Regulations incorporated by reference in this Subchapter shall not 
automatically include any subsequent amendments thereto, except as follows: 

(1) Incorporation of existing General Industry Standards (Part 1910) applicable to construction work 
into the Safety & Health Regulations for Construction (Part 1926). Final rule as published in 
58 FR (June 30, 1993) pages 35076-35311 and adopted by the North Carolina Department of 
Labor on November 1, 1993; correction to Appendix D to §1926.1147 as published in 58 FR 



2221 8:23 NORTH CAROLINA REGISTER March 1, 1994 



PROPOSED RULES 



(July 28, 1993) page 40468 and adopted by the North Carolina Department of Labor on 
December 31, 1993. 

Subpart C — General Safety and Health Provisions, 

1926.33 Access to employee exposure and medical records. 

1926.34 Means of egress. 

1926.35 Employee emergency action plans. 
Subpart D — Occupational Health and Environmental Control, 

1926.64 Process safety management of highly hazardous chemicals. 

1926.65 Hazardous waste operations and emergency response. 

1926.66 Criteria for design and construction for spray booths. 
Subpart E — Personal Protective Equipment and Life Saving Equipment, 

1926.95 Criteria for personal protective equipment. 

1926.96 Occupational foot protection. 

1926.97 Protective clothing for fire brigades. 

1926.98 Respiratory protection for fire brigades. 
Subpart F — Fire Protection and Prevention, 

Fixed Fire Suppression Equipment 

1926.156 Fire extinguishing systems, general. 

1926.157 Fire extinguishing systems, gaseous agent. 
Other Fire Protection Systems 

1926.158 Fire detection systems. 

1926.159 Employee alarm systems. 
Subpart I — Tools - Hand and Power, 

1926.306 Air receivers. 

1926.307 Mechanical power-transmission apparatus. 
Subpart L — Scaffolding, 

1926.453 Manually propelled mobile ladder stands and scaffolds (towers). 
Subpart Y — Commercial Diving Operations, 
General 

1926.1071 Scope and application. 

1926.1072 Definitions. 
Personnel Requirements 

1926.1076 Qualifications of dive team. 
General Operations Procedures 

1926.1080 Safe practices manual. 

1926.1081 Pre-dive procedures. 

1926.1082 Procedures during dive. 

1926.1083 Post-dive procedures 
Specific Operations Procedures 

1926.1084 SCUBA diving 

1926.1085 Surface-supplied air diving 

1926.1086 Mixed-gas diving. 

1926.1087 Liveboating. 

Equipment Procedures and Requirements 

1926.1090 Equipment. 
Recordkeeping 

1926.1091 Recordkeeping requirements. 

1926.1092 Effective date. 

Appendix A to Subpart Y - Examples of Conditions Which May Restrict or Limit Exposure 
to Hyperbaric Conditions. 

Appendix B to Subpart Y - Guidelines for Scientific Diving. 
Subpart Z -- Toxic and Hazardous Substances 
1926.1100-1926.1101 [Reserved]. 

1926.1102 Coal tar pitch volatiles; interpretation of term. 

1926. 1 103 4-Nitrobiphenyl. 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2222 



PROPOSED RULES 



1926. 1 104 alpha-Naphthylamine. 

1926.1105 [Reserved]. 

1926.1106 Methyl chloromethyl ether. 

1926.1107 3,3'-Dichlorobenzidine [and its salts]. 

1926.1108 bis-Chloromethyl ether. 

1 926. 1 109 beta-Naphthylamine. 

1926.1110 Benzidine. 

1926.1111 4-Aminodiphenyl. 

1926.1112 Ethyleneimine. 

1926.1113 beta-Propiolactone. 

1926. 1 1 14 2-Acetylaminofluorene. 

1926. 1115 4-Dimethylaminoazobenzene. 

1926. 1 116 N-Nitrosodimethylamine. 

1926.1117 Vinyl chloride. 

1926.1 1 18 Inorganic arsenic. 
Benzene. 
Coke emissions. 
1 ,2-dibromo-3-chloropropane. 
Acrylonitrile. 
Ethylene oxide. 
Formaldehyde. 
1926. Designations for General Industry Standards Incorporated Into 



1926.1128 
1926.1129 
1926.1144 
1926.1145 
1926.1147 
1926.1148 
Appendix A to Part 



Body of Construction Standards; and 

(2) Subpart D — Occupational Health and Environmental Controls, 29 CFR 1926.62, Lead in 
Construction. Interim final rule and appendices A through D as published in 58 FR (May 4, 
1993) pages 26627-26649 and adopted by the North Carolina Department of Labor on September 
6, 1993; and 

(3) Subpart D — Occupational Health and Environmental Controls — typographical and technical 
corrections at 1926.63, Cadmium, published in 58 FR (April 23, 1993) pages 21778 - 21780 and 
21787 and adopted by the North Carolina Department of Labor on September 24, 1993; 
corrections are to final rule for Occupational Exposure to Cadmium as originally published in 
57 FR 42101 (September 14, 1992). 

(c) Copies of the applicable Code of Federal Regulations sections referred to in this Subchapter are 
available for public inspection at the North Carolina Department of Labor, Division of Occupational Safety 
and Health. A single copy may be obtained from the Division at fte a cost of ten dollars and sixty cents 
($10.60) (inclusive of tax) ; each additional copy may be obtained at a co s t of eight dollar s and forty eight 
cents ($8. 4 8) (inclusive of tax), will be the same price. 

Statutory Authority G.S. 95-131; 150B-21.6. 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



1 he proposed effective date of this action is July 
1. 1994. 



IS otic e is hereby given in accordance with G.S. 
150B-21.2 that the Department of Environment, 
Health, and Natural Resources intends to amend 
rules cited as ISA NCAC U .0102, .0201 .0303 - 
. 0304, . 0402, . 0502 - . 0503, . 0505, . 0602 - . 0603, 
. 0606, . 0701 - . 0703, . 0802 - . 0803, . 0901 , . 0904. 
. 1002, .1101: and repeal rules cited as 15 A NCAC 
1 J .0501. .0605. .0905. 



1 he public hearing will be conducted at 2:00 
p.m. on March 21 , 1994 at the Archdale Building, 
Ground Floor Hearing Room, 512 N. Salisbury 
St., Raleigh, N.C. 

Ixeason for Proposed Action: To implement the 
1993 Session Laws Chapter 542, Section 5(c)(1) 
which provides $45 million in bond proceeds to be 
allocated for the same purposes for which finds in 
the Clean Witer Revolving Loan and Grant pro- 



2223 



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PROPOSED RULES 



gram may be used. The proposed rule changes are 
made to accommodate the inclusion of bond money 
in the existing program. 

(comment Procedures: Any person or organiza- 
tion desiring to make oral comments at the hearing 
should register to do so at the hearing. Statements 
will be limited to 10 minutes, and one typewritten 
copy of any such statement should be submitted to 
the panel conducting the hearing. Any addition 
comments should be forwarded to the Division of 
Environmental Management or Division of Health 
Services by March 31 , 1994. The addresses are as 
follows: 

Division of Environmental Management 
Attention: Vega M. George 

P. O. Box 29535 

Raleigh, NC 27626-9535 

Telephone: (919) 733-6900 

Division of Environmental Health 
Attention: Jerry C. Perkins 

P. O. Box 29536 

Raleigh, NC 27626-0536 

Telephone: (919) 715-3236 

tiiditor's Note: These Rules were filed as tempo- 
rary rules effective March 8, 1994 for a period of 
180 days or until the permanent rule becomes 
effective, whichever is sooner. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER 1J - STATE CLEAN 

WATER REVOLVING LOAN AND GRANT 

PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0102 DEFESflTIONS 

In addition to the definitions in G.S. 159G-3, the 
following definitions will apply to this Subchapter: 

(1) "Act" means the North Carolina Clean 
Water Revolving Loan and Grant Act of 
1987. G.S. 159G. 

(2) "Award" means the offer by the receiv- 
ing agency to enter into a loan or grant 
commitment for a specified amount. 

(3) "Award of contract" means the award by 
the loan or grant recipient to a contractor 
of a contract to construct the project as 
bid. 



(4) "Bid" means the amount of money for 
which a contractor offers to construct the 
project. 

(5) "Contingency costs" means unforeseen 
costs or situations not included in the 
estimate of project costs. 

(6) "Commitment" means a binding agree- 
ment to pay loan or grant funds in a lump 
sum or in installments to an eligible 
applicant at some future time. 

(7) "Date of completion" means the date on 
which the project has been completed, as 
determined by the receiving agency. 

(8) "Division of Environmental 
Management" means the Division of 
Environmental Management of the North 
Carolina Department of Environment, 
Health, and Natural Resources. 

(9) "Effective date of receipt" means 
September 30 for applications postmarked 
or hand delivered to the principal offices 
of the receiving agency in Raleigh, North 
Carolina between April 1 and September 
30, and means March 31 for applications 
postmarked or hand delivered to the 
principal offices of the receiving agency 
in Raleigh, North Carolina between 
October 1 and March 31; except that for 
applications to the Emergency 
Wastewater or Water Supply Revolving 
Loan Account it means the date 
designated by the receiving agency for 
each priority review period established 
under Rule .0801(b) of this Subchapter. 

(10) "Fiscal year" means the state fiscal year, 
beginning on July 1 of a calendar year 
and ending on June 30 of the following 
calendar year. In referring to a specific 
fiscal year, the year named is the 
calendar year in which the fiscal year 
ends. For example, "Fiscal Year 1988" 
refers to the fiscal year beginning July 1, 
1987 and ending June 30, 1988. 

(11) "Inspection" means inspection or 
inspections of a project to determine 
percentage completion of the project and 
compliance with applicable federal, state 
and local laws or rules. 

(12) "Orders" means any restrictive measure, 
related to the operation of its wastewater 
treatment facilities, issued to an applicant 
for a loan or grant from the wastewater 
accounts under this Subchapter. Such 
measures may be included in, but are not 
restricted to. Special Orders, Special 



8:23 



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March 1, 1994 



2224 



PROPOSED RULES 



Orders by Consent, Judicial Orders, or 
issued or proposed permits, permit 
modifications or certificates. 

(13) "Project" means the works described in 
the application for a loan or grant under 
this Subchapter. 

(14) "Loan" means "revolving loan" as 
defined in G.S. 159G-3(15). 

(15) "Priority period" means priority review 
period as established in Section .0800 of 
this Subchapter. 

•(+6-) "Public — necessity" — means that a need 

exists — te — construct — a — new — wastewater 
treatment — works. — wastewater collection 
system or water s upply s y s tem, — or to 
improve or expand exi s ting facilities, in 
order to: 
promote the public health, safety and 






welfare 



4e~ 



provide adequate se rvice s 

substantial — portion — ef- — the — residents 
within the servic e — area or projected 
service area of a unit of government 
wfre — are — pre s ently — without — such 
services; or 

fe) alleviate a critical public health hazard 

or critical water pollution problem. 
H-^ (16) "Real property" means land and 
structures affixed to the land having the 
nature of real property or interests in 
land including easements or other 
rights-of-way purchased or acquired for 
water supply and wastewater facilities 
and works to be constructed as a part of 
the project for which a loan or grant is 
made under this Subchapter. 
(-W (17) "Regional water supply system" 
means a public water supply system of a 
municipality, county, sanitary district, or 
other political subdivision of the state or 
combination thereof which provides, is 
intended to provide, or is capable of 
providing an adequate and safe supply of 
water to a substantial portion of the 
population within a county, or to a 
substantial water service area in a region 
composed of all or parts of two or more 
counties, or to a metropolitan area in two 
or more counties. 
(18) "Regional wastewater management 
authority" means a unit of government 
which has jurisdiction for providing the 
wastewater treatment works for three or 
more units of government, or which has 
responsibility within a facility planning 



area to carry out the operation and 
maintenance of aU publicly-owned 
wastewater treatment works. 

(19) "Water Reclamation" means the 
production of a high level treated effluent 
as a reusable, non-potable water source. 

(20) "Water Reuse" means the actual use or 
application of treated wastewater in or on 
areas which require water but do not 
require potable water quality. 

Statutory Authority G S. 159G-3; 159G-15. 

SECTION .0200 - ELIGIBILITY 
REQUIREMENTS 

.0201 ELIGIBLE PROJECT COSTS 

(a) Project costs eligible for a loan or grant 
under this Subchapter are limited to: 

(1) the actual costs of the works described 
in the project application; and 

f5) interest costs during construction; and 

i%) (2) contingency costs, not to exceed 

ten percent of the estimated eligible 

construction costs for which a loan or 

grant award is made under this 

Subchapter. 

Upon receipt of bids, the contingency costs shall 

be reduced to not more than five percent of the 

actual eligible construction costs as bid. 

(b) Eligible costs do not include recurring 
annual expenditures for administration, repairs, or 
operation and maintenance of any wastewater 
treatment works, wastewater collection system or 
water supply system projects. Items not covered 
or allowed in the definition of "construction costs" 
in G.S. 159G-3(4) are also excluded. 

Statutory Authority G.S. 159G-3(4); 159G-15. 

SECTION .0300 - APPLICATIONS 

.0303 FILLNG OF REQUIRED 

SUPPLEMENTAL LNFORMATION 

(a) Every application shall be accompanied by 
an environmental assessment document as required 
by G.S. 159G-8(b), and any additional 
environmental impact documentation that may be 
required, by the date the receiving agency sets the 
priority rating for a priority review period. 

(b) Any application that has not received 
approval by the receiving agency of the 
preliminary engineering report for the proposed 
project by the date the receiving agency sets the 
priority rating for a priority review period shall 



2225 



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NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



not be included in the priority rating for that 
priority review period. 

(c) Any application that is not accompanied by 
an adopted resolution as required by G.S. 
159G-9(3) stating that the unit of government has 
complied or will substantially comply with all 
applicable federal, state and local laws or rules 
shall not be included in the priority rating for that 
priority review period. Such resolution shall be 
certified or attested to as a true and correct copy 
as adopted. 

(d) If a public hearing is held on an application, 
the application shall not be included in the priority 
rating unless the hearing process is concluded by 
the date the receiving agency sets the priority 
rating for the priority review period. 

(e) A certification stating that the applicant will 
be in compliance with verifiable Minority Business 
Enterprise goals as stated in G.S. 143- 128(c). 

Statutory Authority G.S. 159G-8; 159G-9; 
159G-10(a); 159G-15. 

.0304 APPLICATIONS FOR EMERGENCY 
LOANS 

(a) Applications for loans from the Emergency 
Wastewater Revolving Loan Account shall be 
submitted to the Division of Environmental Man- 
agement. The application will be processed and 
considered for approval by the Environmental 
Management Commission during the appropriate 
priority review period as established under Rule 
.0801(b) of this Subchapter. 

(b) Applications for loans from the Emergency 
Water Supply Revolving Loan Account shall be 
submitted to the Division of Environmental 
Health. The application will be processed and 
considered for approval by the Division of Envi- 
ronmental Health during the appropriate priority 
review period as established under Rule .0801(b) 
of this Subchapter. 

(c) Applications for emergency loans shall 
conform with this Subchapter, except that Rules 
.0301, .0302(e) and .0303(a) shall not apply. 

Statutory Authority G.S. 159G-6(b)(3); 
159G-6(c)(3); 159G-15. 

SECTION .0400 - CRITERIA FOR 

EVALUATION OF ELIGIBLE 

APPLICATIONS 

.0402 CRITERIA FOR WATER 
CONSERVATION 

Applicant may receive a maximum of 15 bonus 



points for meeting the following criteria as applica- 
ble: 

(1) Applicant demonstrates it has a continu- 
ing 1/1 program in its wastewater sewer 
maintenance program. (Wastewater Pro- 
jects Only) 

5 points 

(2) Applicant demonstrates it has a continu- 
ing water loss reduction program in its 
water supply system program. (Water 
Supply Projects Only) 

5 points 

(3) Applicant demonstrates it has a continu- 
ing program of water conservation educa- 
tion and information. 

5 points 

(4) Applicant has adopted and is effectively 
enforcing the state plumbing code within 
the applicant's jurisdiction. Applicant 
demonstrates it has established a water 
conservation incentive rate structure; 
created incentives for new or replacement 
installation of low flow faucets, shower 
heads, and toilets; or has a water recla- 
mation or reuse system . 

5 points 

Statutory Authority G.S. 159G-10; 159G-15. 

SECTION .0500 - PRIORITY CRITERIA 

FOR WASTEWATER TREATMENT 

WORKS PROJECTS 

.0501 WATER POLLUTION CONTROL 
NEEDS 

Maximum Value 55 Points: 
The value of this Rul e will be the sum of the 
points assigned under Items (a), (b), (c) and (d) of 
9 NCAC 3J .0502. 

Statutory Authority G.S. 159G-10; 159G-15. 

.0502 APPLICABLE CONDITIONS 

Maximum Value — 55 Points: 
The value of this Rule will be the sum of the 
points assigned under Items (1), (2), (3) and (4). 
(1) (a) Proposed project will comply with 
established water quality standards and 
priority points will be assigned on the 
basis of the classification assigned to the 
receiving waters as follows: 
ia) m Class "SA" (Shellfish Waters)., 
Class "WS-I" (Water Supply Source), 
or Class "ORW" (Outstandin g Resource 
Waters). 



8:23 



NORTH CAROLINA REGISTER 



March I, 1994 



2226 



PROPOSED RULES 



£b) 


(2) Class "WS-II", ef "WS-III", 




"WS-IV", or "WS-V" (Water Supply 




Source) 




28 points 


(c] 


0) Class "B" or "SB" (Bathing 




Waters) 




26 points 


id} 


(4) Class "C" or "SC" (Fishing) 




24 points 


21 


{&) Construction of proposed project has 



been initiated or must be initiated within 
12 months to comply with an order 
issued or with a compliance schedule 
approved by the Environmental 
Management Commission, or by Judicial 
Order. 

10 points 

(3) {e} Proposed projects will upgrade or 
replace an existing primary provide for a 
regional wastewater treatment facility. 

10 points 

(4) {d) Proposed project will provide 
wastewater treatment processes for the 
removal of nutrients or other materials 
not normally removed by conventional 
treatment processes. 

5 points 

Statutory Authority G. S. 159G-10; 159G-15. 

.0503 FINANCIAL NEED OF APPLICANT 

Maximum Value-15 Points: 
(1) The financial need of the applicant will 
be determined by the following formula: 

f x 100 50 (Total Bonded Indebtedness 

Points = plus Total Estimated Project Cost) 

Total Appraised Property Valuation 

"Total bonded indebtedness" includes all 
outstanding bonds as of the first day of 
the quarter in which the project 
application is eligible for consideration 
for the assignment of a priority but shall 
not include bonds already authorized or 
sold to finance the proposed project. 
"Total appraised property valuation" 
refers only to real property valuation 
based on the most recent appraisal for tax 
purposes as officially recorded in the 
county or counties in which the service 
area of the proposed project is to be 
located. 
"f" shall be a factor of 1.5 for project 



30 points application s — from — units — of government 

located in counties or areas designated by 

t-h-e Economic D e velop ment 

Administration — as — a — "qualified — area" 
under the Public Work s and Economic 
Development Act of 1965 as amended. 
For all other applications, the factor shall 
be 1.25. 

"f x 100" 50 is used in the formula to 
provide point values for this categorical 
element. 

5 points 
(2) The applicant is located within a county 
which has been designated as "distressed" 
by the Secretary of Commerce in 
accordance with G.S. 105-130. 40(c), 
G.S. 105-151. 17(c) and G.S. 143B-437A. 

10 points 

Statutory Authority G.S. 159G-10; 159G-15. 

.0505 PROPERTY ACQUISITION 

Maximum Value— 10 points: 
The value of this Rule will be the sum of the 
values a ss igned to Item s (1) to (5) of this Rule. 

f4-) financing of the applicant's share of the 

project — arranged — by — having — held — and 
passed a bond — referendum, arranged for 
the — sale — ef- — revenue — bond s — er- — eash 
available; 5 points 






final — detailed — construction — plans — and 
specifications submitted; 2 points 

-the — proposed — plant — site — approved — m 
writing by the Division of Environmental 
Management; 1 point 

(4) plant site secured or option taken; an 

opinion — ef- — title — counsel — s hould — be 
submitted — stating — whether or — net — the 
applicant (or the pre se nt owner if only an 
option has been obtained) has good and 
valid title to the entire s ite (excluding 
casements and rights of way), free and 
clear of any pre existing deeds of trust, 
liens or other encumbrance s which would 
affect the value or usefulness of the site 
for the purpose intended; 1 point 

iSj aH- AH necessary sites, rights-of-way 

and/or or easements have been acquiredt 
.. an An opinion by title counsel s imilar 
to that concerning the s ite s hould be 
submitted — in — substantiation — ef- — the 
acquisition, shall be submitted stating 
whether or not the applicant (or the 
present owner if only an option has been 
obtained) has good and valid title to the 



2227 



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March 1, 1994 



PROPOSED RULES 



sites, rights-of-way or easements free and 
clear of any preexisting deeds of trusts, 
liens or other encumbrances, 

4- K) points 

Statutory Authority G.S. 159G-10; 159G-15. 

SECTION .0600 - PRIORITY CRITERIA 

FOR WASTEWATER COLLECTION 

SYSTEM PROJECTS 

.0602 PUBLIC HEALTH NEED 

Select One; Maximum Value— 20 points: 
(4-) Project will eliminate a critical or emerging 
public health hazard as certified by. the local health 
department . 

20 points 
(2-) — Project will eliminate an emerging public 

health hazard. 15 points 

0) Project will eliminate a demonstrated or 

10 pointa 



potential water pollution problem. — 
A — public — health — hazard — w+H — be — con s idered 
"critical" when it affects a significant number of 
persona within a substantial area. 

Statutory Authority G.S. 159G-10; 159G-15. 



.0603 FINANCIAL NEED OF THE 
APPLICANT 

Maximum Value— 15 points: 
(1) The financial need of the applicant will 
be determined by the following formula: 

f x 100 50 (Total Bonded Indebtedness 

Points = plus Total Estimated Project Cost) 

Total Appraised Property Valuation 

"Total bonded indebtedness" includes all 
outstanding bonds as of the first day of the 
quarter in which the project application is 
eligible for consideration for the 
assignment of a priority but shall not 
include bonds already authorized or sold 
to finance the proposed project. 
"Total appraised property valuation" 
refers only to real property valuation 
based on the most recent appraisal for tax 
purposes as officially recorded in the 
county or counties in which the service 
area of the proposed project is to be 
located. 

"f" shall be a factor of 1.5 for project 
application s — from — units — of government 
located in counties or areas designated by 
^h-e Economic Development 



Admini s tration as a "qualified area" under 

the Public Works asd Economic 

Development Act of 1965 as amended. 

For all other application s , the factor shall 

be 1.25. 

"f x 100" 50 is used in the formula to 

provide point values for this categorical 

element. 

5 points 
(2) The applicant is located within a county 
which has been designated as "distressed" 
by the Secretary of Commerce in 
accordance with G.S. 105-130. 40(c), 
G.S. 105-151. 17(c) and G.S. 143B-437A. 

10 points 

Statutory Authority G.S. 159G-10; 159G-15. 

.0605 FINANCING OF THE PROJECT 

Maximum Value 5 points: 

fB Applicant has received a commitment for 

funding from a federal agency. — 5 points 

Statutory Authority G.S. 159G-10; 159G-15. 

.0606 PROPERTY ACQUISITION 

Maximum Value— 44 K) points: 
The value of this Rule will be the sum of the value 
assigned to Items (1), (2) and (3) of thi s Rule: 

i4-j preliminary engineering report approved 

ifl writing by the Division ef 

Environmental 

Management; 3 points 

(2) fifta4 — detailed — construction — plan s — aad 



specifications submitted; 



points 



03- 



-att Ail necessary sites, rights-of-way 
and/or or easements have been acquiredt 
i aft An opinion by title counsel should 
shall be submitted stating that — aH- 
necessary — s ite s , — rights of way — and/or 
easements — have — been — acquired — by — the 
applicant whether or not the applicant (or 
the present owner if only an option has 
been obtained) has good and valid title to 
the sites, rights-of-way or easements free 
and clear of any preexisting deeds of 
trusts, liens or other encumbrances . 

4 10 points 



Statutory Authority G.S. 159G-10; 159G-15. 

SECTION .0700 - PRIORITY CRITERIA 

FOR WATER SUPPLY SYSTEMS 

PROJECTS 



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March 1, 1994 



2228 



PROPOSED RULES 



(1) 
(a) 



(e) 



.0701 PUBLIC NECESSITY: HEALTH: 
SAFETY AND WELFARE 

Maximum Value— §5 80 points: 

System and Service Area Needs: 
(Maximum Points— 20) 
The project is intended 3 olely to 
increase the source of -raw water to 
meet existing service area needs or to 
alleviate water shortage problems. 

12 points 

(b) The project is intended to improve an 
existing system with no increase in the 
area to be served. 

12 points 

(c) The project is intended to increase the 
existing area to be served without 
improvement of the existing system. 

4-4 J_2 points 

(d) The project is intended to increase the 
existing area to be served and includes 
needed improvements to the existing 
system . 

16 points 
The project is intended to significantly 
increase the existing area to be served, 
includes needed improvements to the 
existing system and is so designed as to 
permit interconnection at an appropriate 
time with an expanding metropolitan, 
area- wide or regional system. 

20 points 
The project is intended to provide for 
construction of a basic system for an 
area a unit of government which is not 
presently served by an approved public 
water supply system and service by an 
existing system is not feasible. 

20 points 
Public Health Need (A Maximum — 1-5 
maximum of 40 Points points shall be 
awarded if more than one item applies.) . 
If one item of this categorical element 
applie s , the value of 10 points will be 

awarded . If- — both — item s — apply, — a- 

maximum of 15 points will be awarded: 

The project is intended to eliminate the 

following health risks: 

(a) The project is intended to alleviate an 

urgent or immediately antieipated water 

s hortage problem which has significant 

public health implications. 10 points 

Contaminant levels in drinking water 
which constitute acute health risks 
associated with fecal contamination, 



(f) 



(2) 



40 points 

(b) The project is necessary to eliminate a 
potential public health hazard. 
Unreasonable risks to health from 
contamination levels in drinking water 
as determined by the U.S. 
Environmental Protection Agency or 
the Environmental Protection Agency 
or the Environmental Epidemiology 
Section of the Department of 
Environment, Health, and Natural 
Resources. 

35 points 

(c) Contaminant levels in drinking water 
which create chronic health risks. 

30 points 

(d) Inadequate treatment to remove or abate 
contaminants associated with acute or 
chronic health risks. 

30 points 

(e) Water shortage or inadequate water 
pressure which has the potential to 
create a significant risk to public health. 

20 points 
Notwithstanding other provisions relating 
to the assignment of priority point values 
for various categorical elements and 
items, the Division of Environmental 
Health may award a higher priority value 
to an eligible application if the proposed 
project is required to eliminate a 
demonstrated or critical hazard to the 
public health. 
(3) Capacity for Future Growth (Select One) 
- (Maximum Points— 20): 

(a) The project is intended to provide for 
the immediate needs. 

6 points 

(b) The project is intended to provide for 
the reasonable foreseeable growth needs 
of the area during the next for the 5 10 
5 to 20 year years planning period . 

10 points 

{e) The project is intended to provide for 

the rea s onable foreseeable growth needs 
of the — afea — during — the — next — 1 1 15 



&- 



year s 



12 points 



nitrate or nitrite. 



The project i s intended to provide for 
the reasonable fore s eeable growth need s 
of the — afea — during — the — next — 16 20 

years. 1 4 points 

fe) (c) The project is a proposed regional 
system or a major component of a 
regional system which is intended to 
provide for the reasonable fore s eeable 



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March 1, 1994 



PROPOSED RULES 



growth needs of the area to be served 
during the next 20 or more years. 

20 points 

Statutory Authority G.S. 159G-10; 159G-15. 

.0702 PROJECT PLANNING 

Maximum Value— 40 j_5 points: 

The value of this categorical element is the sum 
of the points awarded to cither Item ( 1 ) pius and 
the points assigned to Item (2) or (3) of this Rule: 

(1) in — the — absence — ef- — applicable — local, 
area wide — ef — regional — planning, — the 
project ha3 been endorsed officially by 
the appropriate planning agencies or by 
the appropriate elected officials of th e 
county or counties in which the project is 
located or proposed to be located. The 
project is compatible with the State Water 
Supply Plan and the applicable local 
water supply facility plan submitted 
under G.S. 143-355(1). 

5 points 

(2) The project is compatible with applicable 
local, area wide or regional planning in 
the county or counties — in which the 
project — is — located — or proposed — te — be 
located. The project demonstrates 
planning, through inter-local agreements, 
leading to systems of regional water 
supply. 

6 10 points 

03 The project is compatible with applicable 

local, area wide or regional planning in 
the county or counties — in which the 
project — is — located — ef — proposed — te — be 
located and has been officially endorsed 
by the appropriate planning agenflcpoints 

{4) The project is compatible with the state's 

general program of water supply planning 
for the county or countie s in which the 
project — is — located or proposed to — be 
located — ef — is — m — compliance — with — a 
regional — water — s upply — system — pkm 

approved by th-e Division ef 

Environmental Health. 2 points 

Statutory Authority G.S. 159G-10; 159G-15. 

.0703 FINANCIAL CONSIDERATIONS 

Maximum Value— 35 Points: 

(1) Financing of the Project (Select One) 

(Maximum Points— 10): 

(a) Applicant has applied for but not 
received a commitment for funding 



from a federal agency for a portion of 
the project costs. 

5 points 

{b} Applicant has funds available or bonds 

have been authorized to provide the 
applicant's share of the project co s ts but 
a commitment for funding has not been 
received from a federal agency. 5 points 

fe) Applicant has received a commitment 

for funding from a federal agency and 
has funds available or bonds have been 
authorized to provide the applicant's 

share of project costs. 10 points 

{d4 £b) Applicant has funds available or 
has received a commitment for funding 
from a federal agency, or bonds have 
been authorized to cover project costs 
over and above the state grant or loan 
funds requested. 

10 points 
(c) The loan funds requested cover all the 
estimated project costs. 

10 points 
(2) Fiscal Responsibility of the Applicant 
(Maximum Points— 10). The value of this 
categorical element shall be the sum of 
the points awarded Items (a) to fe} (c) of 
this Paragraph: 

(a) The applicant has followed proper 
accounting and fiscal reporting 
procedures as reflected in the 
applicant's most recent report of audit, 
and the applicant is in substantial 
compliance with the provisions of the 
general fiscal control laws of the state. 

2 points 

(b) The applicant has — an — effective — tax 
collection — program water system is 
fiscally self-sufficient. 

2 points 

(e) T4te additional debt service 

requirements resulting from the project 
will not increase the existing tax rate 
exce ss ively. 2 points 

{d) (c) Estimated revenues will provide 
funds for proper future operation, 
maintenance and administration, 
reasonable expansion of the project and 
estimated annual principal and interest 
requirements for the project debt plus 
annual principal and interest 
requirements on the outstanding debt 
incurred for existing facilities. 

2 6 points 
fe) The applicant ha s established or ftas 



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2230 



PROPOSED RULES 



submitted a resolution of its governing 
body directing the e s tablishment of a 
capital — reserve — fund — mte — which — aH 
s urplus revenue s from charges and fees 
w+H — be — placed — fef — the — purposes 
specified in G.S. 159G 9( 4 ). (Copy of 
the resolution must be submitted with 

the application.) 2 points 

In determining the points to be awarded 
this categorical element, the Division of 
Environmental Health may seek the 
comments of the Secretary of the Local 
Government Commission. Applicants not 
authorized to levy taxes shall be eligible 
to receive two points for Item (b) and 
two points for Item (c) of this Paragraph. 
(3) Financial Need of the Applicant 
(Maximum Points- 15). The financial 
need of the applicant will be determined 
by the following formula: 



f x 100 150 (Total Bonded Indebtedness plus 
Points = Total Estimated Project Cost) 
Total Appraised Property Valuation 

"Total bonded indebtedness" includes all 
outstanding bonds as of the first day of 
the quarter in which the project 
application is eligible for consideration 
for the assignment of a priority but shall 
not include bonds already authorized or 
sold to finance the proposed project. 
"Total appraised property valuation" 
refers only to real property valuation 
based on the most recent appraisal for tax 
purposes as officially recorded in the 
county or counties in which the service 
area of the proposed project is to be 
located. 

"f" s hall be a factor of 1.5 for project 
application s — from — units — of government 
located in counties or areas designated by 

t-h-e Economic Development 

Administration — as — a — "qualified — area" 
under the Public Work s and Economic 
Development Act of 1965 as amended. 
For all other application s , the factor s hall 
be 1.25. 



"f x 100" 150 is used in the formula to 
provide point values for this categorical 
element. 

Statutory Authority G.S. 159G-10; 159G-15. 

SECTION .0800 - PRIORITY REVIEW 



PERIODS: ASSIGNMENT OF 
PRIORITIES 

.0802 ASSIGNMENT OF PRIORITIES 

(a) All applications that have been reviewed and 
approved by the receiving agency by the date the 
receiving agency sets the priority rating for a 
priority review period will be assigned a priority 
rating according to the applicable criteria set forth 
in Sections .0400, .0500, .0600, and .0700 of this 
Subchapter. A separate priority rating will be 
established for each wastewater and water supply 
account in each priority review period. 

(b) The receiving agency may exercise its 
discretionary authority in the matter of establishing 
a priority rating for any project application in 
cases wheref 

i\) two or more applications receive the 

same number of priority points-; ± 
{2-) where extreme public necessity exists, 



m- 



in other unusual circumstances. 



Statutory Authority 
159G-W; 159G-15. 



G.S. 159G-2; 159G-8(c); 



.0803 ASSIGNMENT OF CATEGORY TO 
WASTEWATER APPLICATIONS 

(a) Applications to the General Wastewater 
Revolving Loan Account or the High-Unit Cost 
Wastewater Account will be assigned a category as 
follows, during review of the applications: 

(1) All applications for projects that are 
under orders or projects whose 
receiving waters have been designated 
Nutrient Sensitive Waters by the 
Environmental Management 
Commission, and that have submitted 
final project plans and specifications for 
review and approval by the receiving 
agency, shall be placed in Category 1 . 

(2) All applications for projects that are 
under orders or projects whose 
receiving waters have been designated 
Nutrient Sensitive Waters by the 
Environmental Management 
Commission and that have not 
submitted final project plans and 
specifications for review and approval 
by the receiving agency and all 
applications for projects not included in 
Category 1 that have submitted final 
project plans and specifications for 
review and approval by the receiving 
agency shall be placed in Category 2. 



2231 



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March 1, 1994 



PROPOSED RULES 



(3) All other applications shall be placed in 
Category 3. 

(b) All applications in Category 1 for a specific 
wastewater account will be funded before 
applications in Category 2 in the same account. 
All applications in Category 2 for a specific 
wastewater account will be funded before 
applications in Category 3 in the same account. 

(c) Proceeds from the statewide bond 
referendum authorized by the 1993 S.L. c^. 542, s^. 
10 may only be used to fund projects that have 
submitted final plans and specifications for review 
and approval by the receiving agency. 

Statutory Authority G.S. 159G-2; 159G-15. 

SECTION .0900 - LOAN AND GRANT 

AWARD AND COMMITMENT: 

DISBURSEMENT OF 

LOANS AND GRANTS 

.0901 DETERMINATION OF LOAN AND 
GRANT AWARDS 

(a) All funds appropriated to each account under 
this Subchapter for a fiscal year and all other funds 
accruing to each account in the first priority 
review period of the fiscal year from loan principal 
repayments, interest payments, interest earned on 
funds in the account, excess funds not awarded in 
the previous priority review period, and any other 
source, will be available in the first priority review 
period of the fiscal year. 

(b) Funds accruing to each account from loan 
principal repayments, interest payments, interest 
earned on funds in the account, excess funds not 
awarded in the previous priority review period, 
and any other source, will be available in the 
second priority review period of the fiscal year. 

(c) If the receiving agency designates more than 
two priority review periods in a fiscal year for the 
Emergency Wastewater or Waste Water Supply 
Revolving Loan Account, any funds accruing to 
the account in those periods from any source will 
be available in those periods. 

(d) Of the funds available at the beginning of a 
priority review period in the General Wastewater 
and Water Supply Revolving Loan and Grant 
Accounts and the Emergency Wastewater and 
Water Supply Revolving Loan Accounts, five 
percent of each account will be set aside for 
potential adjustments under Rule .0903 of this 
Subchapter to loans made from each account. Any 
funds set aside for this purpose from an account 
that are not used to adjust loans during a priority 
review period will return to the account in the next 



priority review period. 

(e) No more than ten percent of the funds 
available in a priority review period in the General 
Wastewater Revolving Loan and Grant Account, 
and no more than three percent of the funds 
available in a priority period in the Water Supply 
Revolving Loan and Grant Account, will be 
awarded as grants in that period. 

(f) The funds available in each account in a 
given priority review period will be awarded in the 
descending order of priority rating and Category as 
determined under Sections .0400, .0500, .0600, 
.0700, and .0800 of this Subchapter. 

(g) Commitment of the loan or grant will be 
made upon the acceptance of the award by the 
applicant. 

(h) If an application is not awarded a loan or 
grant in a priority review period because of its 
priority rating, the receiving agency will inform 
the applicant and will consider the application as a 
new application during the next priority review 
period. If the application again is not awarded a 
loan or grant because of its priority rating, the 
receiving agency will inform the applicant and 
return the application. 

Statutory Authority G.S. 159G-10; 159G-15. 

.0904 DISBURSEMENT OF LOANS AND 
GRANTS 

(a) Disbursement of the total amount of loans 
les s than fifty thou s and dollars ($50,000) will be 
made upon award of contract. — The loan recipient 
will notify 1 the receiving agency of the award of 
contract. — The receiving agency will authorize the 
loan disbursement upon receipt and review of such 
notice loan and grant monies shall be made at 
intervals as work progresses and expenses are 
incurred. No disbursement shall be made until the 
receiving agency receives satisfactory 
documentation of incurred costs. At no time shall 
disbursement exceed the allowable costs which 
have been incurred at that time . 

(b) Disbursement of loans of fifty thousand 
dollars — ($50,000) or greater will — be made in 

installments. The first in s tallment will — be 25 

percent of the — loan and — made upon award of 
contract; the s econd installment will be 25 percent 
of the loan and made upon 20 percent completion 
of the project; the third installment will be 25 
percent of the loan and made upon 4 5 percent 
completion — ef- — the — project; — and the — fourth 
installment — w4H — be — made — upon — 70 — p e rc e nt 

completion of the project. The applicant will 

notify — the — receiving — agency — of the — award — ef 



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March 1, 1994 



2232 



PROPOSED RULES 



contract for disbursement of the first in s tallment, 
and — w+H — provide — documentation — of percentage 



st- 



>mpleti 



-fef — disbur s ement — of- — tht 



project 

remaining in s tallments. — Upon receipt and review 
of such — notice or documentation, — the receiving 
agency will authorize the disbursements. — When 
the receiving agency determine s that the full loan 
amount i s not required to complete the project, it 
may — reduce — ©f — adjust — H+e — fourth — installment 
accordingly. Project inspection will confirm work 
progress, and a final inspection js required prior to 
the final disbursement of loan monies. 

(c) Grant disbursements will be made according 
to the s ame s chedules and criteria as established 
for loans under this Rule. No disbursement shall 
be made until the receiving agency receives 
documentation of compliance with the verifiable 
ten percent goal for participation by minority 
businesses in accordance with G.S. 143- 1 28(c). 

(d) The receiving agency will notify the Fiscal 
Management Office of the Department of 
Environment, Health, and Natural Resources to 
make loan or grant disbursements. A check in the 
amount of the disbursement authorized by the 
receiving agency will be written to the loan or 
grant recipient by the Fiscal Management Office. 
The check will be forwarded to the loan or grant 
recipient by the receiving agency. 

Statutory Authority G.S. 159G-12; 159G-15. 



.0905 



PROJECT ADMINISTRATIVE 
CLOSEOUT 



i cheduk 



fe-) The — receiving — agency — w+H — schedule — a 

elo s eout session immediately after the scheduled 
date — fef — completion — ef — the — actual — date — ef 
completion, whichever occurs first. 

4h) — If the receiving agency det e rmines the total 
disbursements have exceeded project costs by one 
percent — e+ — ftve — thou s and — dollars — ($5,000) 
(whichever — is — greater), — the — recipient — w+H — be 
required — to reimburs e the ov e rpayment — to the 
Department of Environment, Health, and Natural 

Resource s within 30 day s of notification. T-he 

final promi ss ory note will be adju s ted accordingly. 

Statutory Authority G.S. 159G-12; 159G-15. 

SECTION .1000 - LOAN REPAYMENTS 

.1002 RERWMENT OF PRINCIPAL AND 
INTEREST ON LOANS 

(a) The debt instrument setting the terms and 
conditions of repayment of loans under this 
Subchapter will be established after the receipt of 



bids and after any adjustments are made under 
Rules .0903 and .0905 of this Subchapter. 

(b) The maximum maturity on any loan under 
this Subchapter shall not exceed 20 years. 

(c) Interest on the debt instrument will begin to 
accrue on the original date the project is scheduled 
to be completed, that a project's contracts are 
scheduled to be completed. Extensions of this 
deadline are not allowed. 



fd) A-H — principal — payments — w+H — be — made 

annually on or before May 1 . The first principal 
payment i s due not earlier than six months after 
the original date of scheduled completion of the 
project . 

fe) (d) All principal and interest payments will 
be made semiannually on or before May 1 and 
November 1 of each year. The first interest 
payment is due not earlier than six months after 
the original date of s cheduled completion of the 
project. In no case will the first payment be later 
than 18 months from the original scheduled 
completion date. 

{#) {e} All principal and interest payments shall 
be made payable to the appropriate account as 
specified in the debt instrument. 



Statutory Authority G S. 
159G-18. 



159G-13; 159G-15; 



SECTION .1100 - INSPECTION AND AUDIT 
OF PROJECTS 

,1101 INSPECTION 

Inspection of a project to which a loan or grant 
has been committed under this Subchapter may be 
made to determine the percentage of completion of 
the project for installment di s bursements and other 
disbursements, and for compliance with all 
applicable laws and rules. 

Statutory Authority G.S. 159G-14; 159G-15. 

[\ otice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Environment, 
Health, and Natural Resources intends to adopt 
rules cited as 15A NCAC 1L .0101 - .0102, .0201 
- .0203, .0301 - .0303, .0401, .0501 - .0504, 
.0601 - .0605, .0701 - .0703, .0801, .0901 - 
.0902, .1001 - .1004, .1101 - .1102, and .1201 - 
. 1202. 



2233 



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PROPOSED RULES 



1 he proposed effective date of this action is July 
1, 1994. 

1 he public hearing will be conducted at 2:00 
p.m. on March 21, 1994 at the Archdale Building, 
Ground Floor Hearing Room, 512 N. Salisbury 
Street, Raleigh, NC. 

MXeason for Proposed Action: To implement the 
1993 Session Laws Chapter 542, Section 10 which 
provides $100 million in bond proceeds to be 
allocated for use as loans to local units of govern- 
ment for the construction of water and wastewater 
facilities. 

(comment Procedures: Any person or organiza- 
tion desiring to make oral comments at the hearing 
should register to do so at the hearing. Statements 
will be limited to 10 minutes, and one typewritten 
copy of any such statement should be submitted to 
the panel conducting the hearing. Any additional 
comments should be forwarded to the Division of 
Environmental Management or Division of Health 
Services by March 31 , 1994. The addresses are as 
follows: 

Division of Environmental Management 

Attention: Vega M. George 

P. O. Box 29535 

Raleigh, NC 27626-0535 

Telephone: (919) 733-6900 

Division of Environmental Health 

Attention: Jerry C. Perkins 

P. O. Box 29536 

Raleigh, NC 27626-0536 

Telephone: (919) 715-3236 

tLditor's Note: These Rules have been filed as 
temporary adoptions effective March 8, 1994 for 
a period of 180 days or until the permanent rules 
become effective, whichever is sooner. 

CHAPTER 1 - DEPARTMENTAL 
RULES 

SUBCHAPTER 1L - STATE CLEAN 
WATER BOND LOAN PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE 



Loans for wastewater treatment systems, waste- 
water collection systems, water supply systems and 
water conservation projects from the North Caroli- 
na Clean Water Bonds Loan Fund established by 
the 1993 S.L. c, 542, s, K) shall be made in 
accordance with this Subchapter. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0102 DEFECTIONS 

In addition to the definitions in S.L. c, 542, s, 3, 
the following definitions will apply to this Sub- 
chapter: 

(1) "Act" means the North Carolina Educa- 
tion, Clean Water, and Parks Bond Act 
of 1993. 

(2) "Award" means the offer by the receiv- 
ing agency to enter into a loan commit- 
ment for a specified amount. 

(3) "Award of contract" means the award by 
the loan recipient to a contractor of a 
contract to construct the project as bid. 

(4) "Bid" means the amount of money for 
which a contractor offers to construct the 
project. 

(5) "Contingency costs" means unforeseen 
costs or situations not included in the 
estimate of project costs. 

(6) "Commitment" means a binding agree- 
ment to pay loan funds in installments to 
an eligible applicant at some future time. 

(7) "Date of completion" means the date on 
which the project has been completed, as 
determined by the receiving agency. 

(8) "Division of Environmental Health " 
means the Division of Environmental 
Health of the North Carolina Department 
of Environment, Health, and Natural 
Resources. 

(9) "Division of Environmental 
Management" means the Division of 
Environmental Management of the North 
Carolina Department of Environment, 
Health, and Natural Resources. 

(10) "Effective date of receipt" means 
September 30 for applications postmarked 
or hand delivered to the principal offices 
of the receiving agency in Raleigh, North 
Carolina between April i and September 
30, and means March 31 for applications 
postmarked or hand delivered to the 
principal offices of the receiving agency 
in Raleigh, North Carolina between 
October J_ and March 31. 

(11) "Fiscal year" means the state fiscal year. 



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2234 



PROPOSED RULES 



beginning on July I of a calendar year 
and ending on June 30 of the following 
calendar year. In referring to a specific 
fiscal year the year named js the calendar 
year in which the fiscal year ends. For 
example. Fiscal Year 1994 refers to the 
fiscal year beginning July L, 1993 and 
ending June 30, 1994. 

(12) "Inspection" means inspection or 
inspections of a project to determine 
percentage completion of the project and 
compliance with applicable federal . state 
and local laws or rules. 

(13) "Orders" means any restrictive measure, 
related to the operation of its wastewater 
treatment facilities, issued to an applicant 
for a loan from the wastewater accounts 
under this Subchapter. Such measures 
may be included in, but are not restricted 
to. Special Orders, Special Orders by 
Consent, Judicial Orders, or issued or 
proposed permits, permit modifications 
or certificates. 

(14) "Project" means the works described in 
the application for a loan under this 
Subchapter. 

(15) "Priority period" means priority review 
period of January \ to June 30 and July 
1 to December 31 of each year. 

(16) "Real property" means land and 
structures affixed to the land having the 
nature of real property or interests in 
land including easements or other 
rights-of-way purchased or acquired for 
water supply and wastewater facilities 
and works to be constructed as a part of 
the project for which a loan is made 
under this Subchapter. 

(17) "Regional water supply system " means a 
public water supply system of a 
municipality, county, sanitary district, or 
other political subdivision of the state or 
combination thereof which provides, is 
intended to provide, or ]s capable of 
providing an adequate and safe supply of 
water to a substantial portion of the 
population within a county, or to a 
substantial water service area in a region 
composed of all or parts of two or more 
counties, or to a metropolitan area in two 
or more counties. 

(18) "Regional wastewater management 
authority" means a unit of government 
which has jurisdiction for providing the 
wastewater treatment works for three or 



more units of government, or which has 
responsibility within a facility planning 
area to carry out the operation and 
maintenance of aU publicly-owned 
wastewater treatment works. 

(19) "Water Reclamation" means the 
production of a high level treated effluent 
as a reusable, non-potable water source. 

(20) "Water Reuse" means the actual use or 
application of treated wastewater in or on 
areas which require water but do not 
require potable water quality. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .0200 - ELIGIBILITY 
REQUIREMENTS 

.0201 ELIGIBLE PROJECT COSTS 

(a) Project costs eligible for a loan under this 
Subchapter are limited to: 

(1) the actual costs of the works described 
in the project application; 

(2) contingency costs, not to exceed ten 
percent of the estimated eligible 
construction costs for which a loan 
award is made under this Subchapter. 
Upon receipt of bids, the contingency 
costs shall be reduced to not more than 
five percent of the actual eligible 
construction costs as bid. 

(b) Eligible costs do not include recurring 
annual expenditures for administration, repairs, or 
operation and maintenance of any wastewater 
treatment works, wastewater collection system. 
water supply system or water conservation 
projects. Items not covered or allowed in ffie 
definition of "cost" are also excluded. 



Statutory Authority 1993 S.L. c. 542, s.10. 

.0202 DETERMINATION OF 
ELIGIBILITY 

(a) Each application for a loan under this 
Subchapter will be reviewed by the receiving 
agency to determine whether it meets the eligibility 
requirements of the Act and this Subchapter. 

(b) Each applicant will be notified by the 
receiving agency of its eligibility for consideration 
for a loan award . 

(c) Applications from ineligible applicants will 
be returned to the applicant. 

Statutory Authority 1993 S.L. c. 542. s. 10. 



2235 



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NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



.0203 LIMITATION OF LOANS 

The maximum principal amount 



of loan 



commitment made to any one local government 
unit shall be five million dollars ($5,000,000) for 
wastewater treatment systems and wastewater 
collection systems and three million dollars 
($3,000,000) for water supply systems or water 
conservation projects. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .0300 - APPLICATIONS 

.0301 APPLICATION FILING DEADLINES 

The filing deadline for the review period of July 
I through December 31 is September 30 of that 
year. The filing deadline for the review period of 
January 1 through June 30 is March 31 of that 
year. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0302 GENERAL PROVISIONS 

(a) Applications for loans under this Subchapter 
shall be submitted on the appropriate forms and 
accompanied by all documentation, assurances and 
other information called for in the instructions for 
completing and filing applications. Information 
concerning any loan or grant funds from any other 
source that the applicant has applied for or 
received for the project shall be disclosed on the 
application. 

(b) An applicant shall furnish information in 
addition to or supplemental to the information 
contained in its application and supporting 
documentation upon request by the receiving 
agency. 

(c) Any 
information 



application that does not contain 
sufficient to permit the receiving 



Statutory Authority 1993 S.L. c. 542, s. 10. 

.0303 FILING OF REQUIRED 

SUPPLEMENTAL INFORMATION 

(a) An environmental assessment for the 
proposed project must accompany the required 
water supply or wastewater facility plan when 
required by the 1993 S.L. c. 542, s. 10. 

(b) All applicants must submit an Affidavit of 
Publication of the notice of public hearing for the 
proposed project and a summary of the comments 
received at the hearing. 

(c) Any application for wastewater facilities not 
accompanied by final plans and specifications by 
the date the receiving agency sets the priority 
rating for a priority review period shall not be 
included in the priority rating for that priority 
review period. 

(d) Any application for water supply facilities 
must be accompanied by a preliminary engineering 
report. 

(e) Any application that is not accompanied by 
an adopted resolution stating that the unit of 
government has complied or will substantially 
comply with all applicable federal , state and local 
laws or rules shall not be included in the priority 
rating for that priority review period. Such 
resolution shall be certified or attested to as a true 
and correct copy as adopted. 

£fj If a public hearing is held on an application 
by the Department of Environment, Health, and 
Natural Resources; the application shall not be 
included in the priority rating unless the hearing 
process is concluded by the date the receiving 
agency sets the priority rating for the priority 
review period. 

(g) A certification shall be submitted from the 
local unit stating whether a petition for vote was 
filed within 15 days of the applicant's public 



hearing. 

(h) A certification stating that the applicant will 
be in compliance with verifiable Minority Business 
Enterprise goals as stated in G.S. 143-128(c). 



agency to review and approve the project by the 
date the receiving agency sets the priority rating 
for a priority review period shall not be included 
in the priority rating for that priority review 
period. 

(d) An application shall be filed with the Statutory Authority 1993 S.L. c. 542, s. 10 

receiving agency before the award of contract on 
a project. The award of contract on a project 



prior to consideration of the application for a loan 
award will not exclude the application from 
consideration. 

(e) An application may be withdrawn from 
consideration upon request of the applicant but if 
resubmitted shall be considered as a new 
application. 



SECTION .0400 - CRITERIA FOR 

EVALUATION OF ELIGIBLE 

APPLICATIONS 

.0401 GENERAL CRITERIA 

(a) During the review periods set forth in Rule 
.0301 of this Subchapter all eligible applications 
shall be assigned a priority. Priorities shall be 
assigned by the Environmental Management 



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2236 



PROPOSED RULES 



Commission for applications for projects for 
wastewater treatment works and wastewater 
collection systems and by the Division of 
Environmental Health for applications for projects 
for water supply systems and water conservation 
projects. 

(b) The categorical elements and items to be 
considered in assigning priorities to each 
application for which loan funds are sought, and 
the points to be awarded to each categorical 
element and item are set forth in Sections .0500, 
.0600, .0700 and .0800 of this Subchapter. Unless 
otherwise specifically indicated, if an item for an 
element of a particular category applies specifically 
to the application under consideration, the 
application will be awarded the number of points 
assigned to that item for the categorical element; 
and if no item applies, no points will be awarded 
the application for that particular element. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .0500 - PRIORITY CRITERIA 

FOR WASTEWATER TREATMENT 

WORKS PROJECTS 

.0501 APPLICABLE CONDITIONS 

Maximum Value : 55 points: 

(1 ) Proposed project will comply with 
established water quality standards and 
priority points will be assigned on the 
basis of the classification assigned to the 
receiving waters as follows: 
Class "SA" (Shellfish Waters), Class 



ia) 
id} 



"WS I" (Water Supply Source), or 
"ORW" (Outstanding Resource Waters) 

30 points 
Class "WS-II" or "WS-1H". "WS-1V". 
or "WS-V" (Water Supply Source) 

28 points 
Class "B" or "SB" (Bathing Waters) 

26 points 
Class "C" or "SC" (Fishing) 

24 points 

(2) Construction of proposed project has 
been initiated or must be initiated within 
12 months to comply with an order 
issued or with a compliance schedule 
approved by the Environmental 
Management Commission, or by Judicial 
Order. 

10 points 

(3) Proposed project will provide for a 
regional wastewater treatment facility. 

10 points 



(4) Proposed project will provide wastewater 
treatment processes for the removal of 
nutrients or other materials not normally 
removed by conventional treatment 
processes. 

5 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0502 FINANCIAL NEED OF APPLICANT 

Maximum Value— 15 Points: 
(1) The financial need of the applicant will 
be determined by the following formula: 



us 



Points =_ 50 (Total Bonded Indebtedness 
Total Estimated Project Cost) 



Total Appraised Property Valuation 



"Total bonded indebtedness" includes all 



12} 



outstanding bonds as of fjie first day of 
the quarter [n which the project 
application is eligible for consideration 
for the assignment of a priority, but shall 
not include bonds already authorized or 
sold to finance the proposed project. 
"Total appraised property valuation" 
refers only to real property valuation 
based on the most recent appraisal for tax 
purposes as officially recorded in the 
county or counties in which the service 
area of the proposed project is to be 
located. 

50 is used in the formula to provide point 
values for this categorical element. 

5 points 
The applicant fs located within a county 
which has been designated as "distressed" 



by the Secretary of 
accordance with G.S. 



Commerce in 
105-130. 40(c), 



G.S. 105-151. 17(c)and G.S. 143B-437A. 

10 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0503 FISCAL RESPONSIBILITY OF THE 
APPLICANT 

Maximum Value-- 10 points: 

The value of this Rule will be the sum of the 
points assigned to either Item (1) or (2) of this 
Rule plus the value assigned to Items (3) and (4) of 
this Rule: 

(1) Applicant has adopted a sewer use 
ordinance which has been approved by 



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PROPOSED RULES 



> 



12) 



the Division of Environmental 
Management which will be placed in 
effect on or before the completion date of 
the proposed project and has established 
an equitable schedule of fees and charges 
providing that each category of users 
shall pay substantially its proportional 
part of the total cost of the operation and 
which will provide sufficient revenues for 
the adequate operation, maintenance and 
administration and for reasonable 
expansion of the project. 

6 points 
Applicant is in the process of adopting an 
acceptable sewer use ordinance which has 
been approved by the Division of 
Environmental Management which will 
be adopted and placed in effect on or 
before the completion date of the pro- 
posed project and has established an 
equitable schedule of fees and charges 
providing that each category of users 
shall pay substantially its proportional 
part of the total cost of the operation and 
which will provide sufficient revenues for 
the adequate operation, maintenance and 
administration and for reasonable expan- 
sion of the project. 

2 points 
Applicant has established by resolution of 
its governing body a capital reserve fund 
into which all surplus revenues from such 
charges and fees will be placed for the 
purposes specified in G.S. 159G-9(4). 
(Copy of the resolution must be 
submitted with application.) 

2 points 
The applicant has followed proper 
accounting and fiscal reporting 
procedures as evidenced by the 
applicant's most recent report of audit 
and the applicant is in substantial 
compliance with provisions of the general 
fiscal control laws of the state. 

2 points 
The Environmental Management Commission may 
seek the comments of the Secretary of the Local 
Government Commission in determining the values 
to be assigned to Items (3) and (4) of this Rule. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0504 PROPERTY ACQUISITION 

Maximum Value— 10 points: 

All necessary sites, rights-of-way or easements 



have been acquired. 
shall be submitted 



An opinion by title counsel 
stating whether or not the 



O) 



I4J 



applicant (or the present owner if only an option 
has been obtained) has good and valid title to the 
sites, rights-of-way or easements free and clear of 
any preexisting deeds of trusts, liens or other 
encumbrances. 

10 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .0600 - PRIORITY CRITERIA 

FOR WASTEWATER COLLECTION 

SYSTEM PROJECTS 

.0601 PUBLIC NEED 

Select One; Maximum Value--25 points: 

(1) Project is intended to improve or expand 
an existing system for which adequate 
wastewater treatment facilities are: 

(a) presently provided, 

(b) under construction, 

(c) proposed. 

15 points 

(2) Project is intended to provide a basic 
system for a unit of government which is 
not presently served by an approved 
system and adequate wastewater 
treatment will be provided by: 

(a) other public system , 

20 points 

(b) applicant. 

15 points 



25 points 
20 points 



Statutory Authority 1993 S.L. c. 542, s. 10. 

.0602 PUBLIC HEALTH NEED 

Maximum Value— 20 points: 

Project will eliminate a critical or emerging 
public health hazard as certified by the local 
Health Department. 

20 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0603 FINANCIAL NEED OF APPLICANT 

Maximum Value— 15 Points: 



ill 



The financial need of the applicant wil 
be determined by the following formula: 



Points ff. 50 (Total Bonded Indebtedness plus 
Total Estimated Project Cost) 



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2238 



PROPOSED RULES 



ill 



Total Appraised Property Valuation 

"Total bonded indebtedness" includes all 
outstanding bonds as of the first day of 
the quarter in which the project applica- 
tion is eligible for consideration for the 
assignment of a priority, but shall not 
include bonds already authorized or sold 
to finance the proposed project. 
"Total appraised property valuation" 
refers only to real property valuation 
based on the most recent appraisal for tax 
purposes as officially recorded in the 
county or counties in which the service 
area of the proposed project is to be 
located. 

50 is used in the formula to provide point 
values for this categorical element. 

5 points 
The applicant is located within a county 
which has been designated as distressed 
by the Secretary of Commerce in accor- 
dance with G.S. 105-130.40(c), G.S. 
105-151.17(0 and G.S. 143B-437A. 

10 points 



Statutory Authority 1993 S.L. c. 542, 



.0604 



10. 



FISCAL RESPONSIBILITY OF THE 
APPLICANT 

Maximum Value-- 10 points: 

The value of this Rule will be the sum of the 
points assigned to either Item 1_U or i2j of this 
Rule plus the value assigned to Items (3) and (4) of 
this Rule: 

(1) Applicant has adopted a sewer use ordi- 
nance which has been approved by the 
Division of Environmental Management 
which will be placed in effect on or 
before the completion date of the pro- 
posed project and has established an 
equitable schedule of fees and charges 
providing t hat each category of users 
shall pay substantially its proportional 
part of the total cost of the operation and 
which will provide sufficient revenues for 
the adequate operation, maintenance and 
administration and for reasonable expan- 
sion of the project. 

6 points 

(2) Applicant is in the process of adopting an 
acceptable sewer use ordinance which has 
been approved by the Division of Envi- 
ronmental Management which will be 
adopted and placed jn effect on or before 



the completion date of the proposed 
project and has established an equitable 
schedule of fees and charges providing 
that each category of users shall pay 
substantially its proportional part of the 
total cost of the operation and which will 
provide sufficient revenues for the ade- 
quate operation, maintenance and admin- 
istration and for reasonable expansion of 
the project. 

2 points 

(3) Applicant has established by resolution of 
its governing body a capital reserve fund 
into which all surplus revenues from such 
charges and fees will be placed for the 
purposes specified in G.S. 159G-9(4). 
(Copy of the resolution must be submit- 
ted with application.) 

2 points 

(4) The applicant has followed proper ac- 
counting and fiscal reporting procedures 
as evidenced by the applicant's most 
recent report of audit and the applicant is 
in substantial compliance with provisions 
of the general fiscal control laws of the 
state. 

2 points 
The Environmental Management Commission may 
seek the comments of fhe Secretary of the Local 
Government Commission in determining the values 
to be assigned to Items (3) and (4) of this Rule. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0605 PROPERTY ACQUISITION 

Maximum Value— 10 points: 

All necessary sites, rights-of-way or easements 
have been acquired. An opinion by title counsel 
should be submitted stating whether or not the 
applicant (or the present owner if only an option 
has been obtained) has good and valid title to the 
sites, rights-of-way or easements free and clear of 
any preexisting deeds of trust, liens or other 
encumbrances. 

10 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .0700 - PRIORITY CRITERIA 

FOR WATER SUPPLY SYSTEMS 

PROJECTS 

.0701 PUBLIC NECESSITY, HEALTH, 
SAFETY AND WELFARE 

Maximum Value--80 points: 



2239 



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PROPOSED RULES 



> 



iej 



(1) System and Service Area Needs: 
(Maximum Points— 20) 

(a) The project is intended to increase the 
source of water to meet existing service 
area needs or to alleviate water 
shortage problems. 

12 points 

(b) The project is intended to improve an 
existing system with no increase in the 
area to be 

served . 

12 points 

(c) The project is intended to increase the 
existing area to be served without 
improvement of the existing system. 

12 points 

(d) The project is intended to increase the 
existing area to be served and includes 
needed improvements to the existing 
system . 

16 points 
The project js intended to significantly 
increase the existing area to be served, 
includes needed improvements to the 
existing system and is so designed as to 
permit interconnection at an appropriate 
time with an expanding metropolitan, 
area-wide or regional system . 

20 points 
The project is intended to provide for 
construction of a basic system for an 
area which is not presently served by 
an approved public water supply system 
and service by an existing system is not 
feasible. 

20 points 

Public Health Need (A maximum of 40 

points shall be awarded if more than one 

item applies.) The project is intended to 

eliminate the following health risks: 

(a) Contaminant levels in drinking water 

which constitute acute health risks 

associated with fecal contamination, 

nitrate or nitrite. 

Unreasonable risks to 
contamination levels in drinking water 
as determined by the U.S. 
Environmental Protection Agency or 
the Environmental Epidemiology 
Section of the Department of 
Environment, Health, and Natural 
Resources. 

35 points 
(c) Contaminant levels in drinking water 



which create chronic health risks. 



<£) 



121 



£b) 



40 points 
health from 



id] 



30 points 
Inadequate treatment to remove or abate 
contaminants associated with acute or 

chronic health risks. 



30 points 

(e) Water shortage or inadequate water 

pressure which has the potential to 

create a significant risk to public health. 

20 points 
Notwithstanding other provisions relating to the 
assignment of priority point values for various 
categorical elements and items, the Division of 
Environmental Health may award a higher priority 
value to an eligible application if the proposed 
project is required to eliminate a demonstrated or 
critical hazard to the public health . 
(3) Capacity for Future Growth (Select One) 
; (Maximum Points— 20): 

(a) The project is intended to provide for 
the immediate needs. 

6 points 

(b) The project is intended to provide for 
the reasonable growth needs of the area 
during the next 5 to 20 year planning 
period. 

10 points 

(c) The project is a proposed regional 
system or a major component of a 
regional system which is intended to 
provide for the reasonable growth needs 
of the area to be served during the next 
20 or more years. 

20 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.0702 PROJECT PLANNING 

Maximum Value— 15 points: 

The value of this categorical element js the sum 
of the points awarded to Item (1) and the points 
assigned to Item (2) of this Rule: 

(1) The project js compatible with the State 
Water Supply Plan and the applicable 
local water supply facility plan submitted 
under G.S. 143-355(1). 

5 points 

(2) The project demonstrates planning, 
through inter-local agreements leading to 
systems of regional water supply. 

10 points 

Statutory Authority 1993 S.L. c. 542, s. 10. 
.0703 FINANCIAL CONSIDERATIONS 



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2240 



PROPOSED RULES 



Maximum Value— 35 Points: 



UJ 



(a) 



M 



£c] 



L2J 



iil 



£b) 



(Si 



ID 



Financing of the Project (Select One) - 

(Maximum Points— 10): 
Applicant has applied for but not 
received a commitment for funding 
from a federal agency for a portion of 
the project costs. 

5 points 
Applicant has funds available or has 
received a commitment for funding 
from a federal agency, or bonds have 
been authorized to cover project costs 
over and above the state grant or loan 
funds requested. 

10 points 
The loan funds requested cover all the 
estimated project costs. 

10 points 

Fiscal Responsibility of the Applicant 

(Maximum Points-- 10). The value of this 

categorical element shall be the sum of 

the points awarded Items [a] to [c] of this 

Paragraph: 

The applicant has followed proper 

accounting and fiscal reporting 

procedures as reflected in the 

applicant's most recent report of audit, 

and the applicant is in substantial 

compliance with the provisions of the 

general fiscal control laws of the state. 

2 points 
The applicant water system is fiscally 
self-sufficient. 

2 points 
Estimated revenues will provide funds 
for proper future operation, 
maintenance and administration, 
reasonable expansion of the project and 
estimated annual principal and interest 
requirements for the project debt plus 
annual principal and interest 
requirements on the outstanding debt 
incurred for existing facilities. 

6 points 
In determining the points to be awarded 
this categorical element, the Division of 
Environmental Health may seek the 



comments of the Secretary of the Local 
Government Commission. 
Financial Need of the Applicant 
(Maximum Points-- 15). The financial 
need of the applicant will be determined 
by the following formula: 



Points =_ 150 (Total Bonded Indebtedness plus 



Total Estimated Project Cost) 



Total Appraised Property Valuation 

"Total bonded indebtedness" includes all 
outstanding bonds as of the first day of 
the quarter in which the project 
application is eligible for consideration 
for the assignment of a priority but shall 
not include bonds already authorized or 
sold to finance the proposed project. 
"Total appraised property valuation" 
refers only to real property valuation 
based on the most recent appraisal for tax 
purposes as officially recorded in the 
county or counties in which the service 
area of the proposed project is to be 
located. 

150 is used in the formula to provide 
point values for this categorical element. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .0800 - CRITERIA FOR WATER 
CONSERVATION 

.0801 WATER CONSERVATION 

Applicant may receive a maximum of J_5 bonus 
points for meeting the following criteria as 
applicable: 

(1) Applicant demonstrates it has a 
continuing infiltration/inflow program in 
its wastewater sewer maintenance 
program. (Wastewater Projects Only). 

5 points 

(2) Applicant demonstrates it has a 
continuing water loss reduction program 
in its water supply system program. 
(Water Supply Projects Only). 

5 points 

(3) Applicant demonstrates it has a 
continuing program of water conservation 
education and information. 

5 points 

(4) Applicant demonstrates it has established 
a water conservation incentive rate 
structure, created incentives for new or 
replacement installation of low flow 
faucets, showerheads and toilets, or has 
a water reclamation or reuse system . 

5 points 

Statutory- Authorin- 1993 S.L. c. 542, s. 10. 



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PROPOSED RULES 



SECTION .0900 - PRIORITIES 



Statutory Authority 1993 S.L. c. 542, s. 10. 



.0901 ASSIGNMENT OF PRIORITIES 

(a) All applications that have been reviewed and 
approved by the receiving agency by the date the 
receiving agency sets the priority rating for a 
priority review period will be assigned a priority 
rating according to the applicable criteria set forth 
in Sections .0500. .0600, .0700 and .0800 of this 
Subchapter. 

(b) The receiving agency may exercise its 
discretionary authority in the matter of establishing 
a priority rating for any project application in 
cases where two or more applications receive the 
same number of priority points. 



.1002 CERTIFICATION OF ELIGIBILITY 

(a) The receiving agency shall create a certifi- 
cate of eligibility for each application for which a 
loan commitment has been made. 

(b) The certificate of eligibility shall indicate 
that the applicant meets all eligibility criteria and 
that all other requirements of the Act have been 
met. 

(c) The certificate of eligibility shall also indi- 
cate the amount and the fiscal year of the loan 



commitment. 



Statutory Authority 1993 S.L. c. 542, s. 10. 



Statutory Authority 1993 S.L. c. 542, s. 10. 

.0902 ASSIGNMENT OF CATEGORY 

TO WASTEWATER APPLICATIONS 

(a) Applications to the Wastewater Loan Ac- 
count will be assigned a category as follows, 
during review of the applications: 

(1) All applications for projects that are 
under orders or projects whose receiv- 
ing waters have been designated Nutri- 
ent Sensitive Waters by the Environ- 
mental Management Commission shall 
be placed in Category J_^ 

(2) All other applications shall be placed in 
Category 2. 

(b) All applications in Category \_ for a specific 
wastewater account will be funded before applica- 
tions in Category 2^ 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .1000 - LOAN AWARD, 
COMMITMENT, AND DISBURSEMENT 

.1001 DETERMINATION OF AWARD 

(a) The funds available in each account in a 
given priority review period will be awarded in the 
descending order of priority rating and Category as 
determined under Sections .0500, .0600, .0700, 
.0800 and .0900 of this Subchapter. 

(b) If an application is not awarded a loan in a 
priority review period because of jts priority 
rating, the receiving agency will inform the appli- 
cant and will consider the application as a new 
application during the next priority review period. 
If the application again is not awarded a loan or 
grant because of jts priority rating, the receiving 
agency will inform the applicant and return the 
application. 



.1003 CRITERIA FOR LOAN 
ADJUSTMENTS 

Upon receipt of bids, a loan commitment may be 
adjusted as follows: 

(1) The loan commitment may be decreased, 
provided the project cost as bid js less 
than the estimated project cost, and the 
receiving agency approves the loan com- 
mitment decrease. 

(2) Loan commitments may be increased, by 
a maximum of five hundred thousand 
dollars ($500,000.00) provided: the 
project cost as bid is greater than the 
estimated project cost; the project as bid 
is in accordance with the project for 
which the loan commitment was made: 
the receiving agency has reviewed the 
bids and determined that substantial cost 
savings would not be available through 
project revisions without jeopardizing the 
integrity of the project; and a dequate 
funds are available. 

(3) Increases greater than 10 percent of the 
loan commitment shall be approved by 
the Local Government Commission and 
the Environmental Management Commis- 
sion or the Division of Environmental 
Health, as applicable. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.1004 DISBURSEMENT OF LOANS 

(a) Disbursement of loan monies shall be made 
at intervals as work progresses and expenses are 
incurred. No disbursement shall be made until the 
receiving agency receives documentation of in- 
curred costs. At no time shall disbursement 
exceed the allowable costs which have been in- 
curred at that time. 



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2242 



PROPOSED RULES 



(b) Project inspection will confirm work 
progress, and a final inspection is required prior to 
the final disbursement of loan monies. 

(c) No disbursement shall be made until the 
receiving agency receives documentation of 
compliance with the verifiable 10 percent goal for 
participation by minority businesses in accordance 
with G.S. 143-128(c). 

(d) The receiving agency will notify' the Fiscal 
Management Office of the Department of Environ- 
ment. Health, and Natural Resources to make loan 
disbursements. A check in the amount of the 
disbursement authorized by the receiving agency 
will be written to the recipient by the Fiscal 
Management Office. The check will be forwarded 
to the recipient by the receiving agency. 

Statutory Authority 1993 S.L. c. 542, s.W. 

SECTION .1100 - LOAN REPAYMENTS 

.1101 INTEREST RATES 

The interest rate to be charged on loans under 
this Subchapter will be set by the Department of 
State Treasurer. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.1102 REPAYMENT OF PRLNCIPAL AND 
EVEREST ON LOANS 

(a) The debt instrument setting the terms and 
conditions of repayment of loans under this Sub- 
chapter will be established after the receipt of bids 
and after any adjustments are made under Rule 
.1003 of this Subchapter. 

(~b) The maximum maturity on any loan under 
this Subchapter shall not exceed 20 years. 

(c) Interest on the debt instrument will begin to 
accrue on the date the project is scheduled to be 
completed. 

(d) All principal and interest payments will be 
made semiannually on or before May 1 and No- 
vember I of each year. The first payment is due 
not earlier than six months after the date of com- 
pletion of the project. In no case will the first 
payment be later than 18 months from the original 
scheduled completion date. 

(e) All principal and interest payments shall be 
made payable to the appropriate account as speci- 
fied in the debt instrument. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

SECTION .1200 - LNSPECTION .AND AUDIT 



.1201 INSPECTION 

Inspection of a project to which a loan has been 
committed under this Subchapter may be made to 
determine the percentage of completion of the 
project for disbursements, conformance with 
approved plans and specifications, and for compli- 
ance with all applicable laws and rules. 

Statutory Authority 1993 S.L. c. 542, s. 10. 

.1202 AUDIT OF PROJECTS 

(a) Loan recipients are required to maintain 
project accounts in accordance with generally 
accepted government accounting standards. 

(b) All projects to which a loan has been com- 
mitted under this Chapter will be audited in accor- 
dance with G.S. 159-34. 

Statutory Authority 1993 S.L. c. 542, s. 10. 
****************** 

IS otic e is hereby given in accordance with G.S. 
150B-21.2 that the Environmental Management 
Commission intends to adopt rules cited as 15A 
NCAC2D .0805. .0806, .1109; 2Q .0101 - .0111. 
.0201 - .0207, .0301 -.0311, .0401 - .0418, .0501 
- .0524. .0601 - .0606; amend rules cited as 15A 
NCAC 2D .0101, .0501, .0503, .0524. .0525, 
.0530 - .0533, .0601, .0801 - .0804 and repeal 
rules cited as ISA NCAC 2H .0601 - .0607 and 
.0609. 

1 he proposed effective date of this action is July 
14, 1994. 

1 he public hearing will be conducted at 7:00 
p.m. on March 21, 1994 at EHNR, 512 North 
Salisbury Street, Archdale Bldg/Groundfloor 
Hearing Room, Raleigh, NC. 

Ixeason for Proposed Action; To correct a 
hearing procedural deficiency by reconsidering 
recodification of current permit rules, adoption of 
permit rules to meet the requirements of Title IV 
and V of the federal Clean Air Act, adoption of 
new permit fee schedules, and rexision of transpor- 
tation facility (complex source) rules in light of a 
local fiscal note. 

L^onvnent Procedures: All persons interested in 
these matters are invited to attend the public 



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PROPOSED RULES 



hearing. Any person desiring to comment for 
more than three minutes is requested to submit a 
written statement for inclusion in the record of 
proceedings at the public hearing. The hearing 
officer may limit oral presentation lengths to five 
minutes if many people want to speak. The Envi- 
ronmental Management Commission (EMC) seeks 
comments in light of the local fiscal note. The 
hearing records will be closed at the end of the 
public hearing. Comments should be sent to and 
additional information concerning the hearings or 
the proposals may be obtained by contacting: Mr. 
Thomas C. Allen, Division of Environmental 
Management. P.O. Box 29535, Raleigh, NC 
27626-0535, (919) 733-1489. 

1 hese Rules affect the expenditures or revenues 
of local funds. A fiscal not was submitted to the 
Fiscal Research Division on February 2, 1994, 
OSBM on February 4, 1994, N.C. League of 
Municipalities on February 2, 1994, and N.C. 
Association of County Commissioners on Febru- 
ary 2, 1994. 

tLditor's Note: These Rules (with the exception 
ofl5A NCAC 2H .0609) were filed as temporary 
rules effective March 8, 1994 for a period of 180 
days or until the permanent rules become effec- 
tive, whichever is sooner. 

CHAPTER 2 
ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0100 - GENERAL PROVISIONS 

.0101 DEFINITIONS 

The definition of any word or phrase used in 
R e gulations Rules of this Subchapter is the same as 
given in Article 21, Chapter 143 of the General 
Statutes of North Carolina, as amended. The 
following words and phrases, which are not de- 
fined in the article, have the following meaning: 

(1) "Act" means "The North Carolina Water 
and Air Resources Act." 

(2) "Air pollutant" means an air pollution 
agent or combination of such agents, 
including any physical, chemical, biologi- 
cal, radiative substance or matter which 
is emitted into or otherwise enters the 
ambient air particulate — matt e r, — dust, 



fumes, gas, mi s t, s moke, vapor, or any 
other air contaminant. — Water vapor is 
not consid e red an air pollutant . 

(3) "Ambient air" means that portion of the 
atmosphere outside of buildings and other 
enclosed structures, stacks or ducts, and 
which surrounds human, animal or plant 
life, or property. 

(4) "Approved" means approved by the 
Director of the Division of Environmen- 
tal Management. 

(5) "Capture system" means the equipment 
(including hoods, ducts, fans, etc.) used 
to contain, capture, or transport a pollut- 
ant to a control device. 

(6) "CFR" means "Code of Federal Regula- 
tions." 

(7) "Combustible material" means any sub- 
stance which, when ignited, will burn in 
air. 

(8) "Construction" means change in method 
of operation or any physical change, 
including on-site fabrication, erection, 
installation, change in method of opera 
tion, replacement, demolition, or modifi- 
cation of a source , that results in a 
change in emissions or affects the com- 
pliance status of a facility, source, or air 
pollution control equipment . 

(9) "Control device" means equipment (fume 
incinerator, adsorber, absorber, scrubber, 
filtermedia, cyclone, electrostatic 
precipitator, or the like) used to destroy 
or remove air pollutant(s) prior to 
discharge to the ambient air. 

(10) "Day" means a 24-hour period beginning 
at midnight. 

(11) "Director" means the Director of the 
Division of Environmental Management 
unless otherwise specified. 

(12) "DustfaH" means particulate matter which 
settles out of the air and is expressed in 
units of grams per square meter per 
30-day period. 

(13) "Emission" means the release or 
discharge, whether directly or indirectly, 
of any air pollutant into the ambient air 
from any source. 

(14) "Facility" means all of the pollutant 
emitting activities that are located on one 
or more contiguous or adjacent properties 
and that arc under the control of the same 
person or per s on s under common control. 

(15) "FR" means Federal Register. 

(16) "Fugitive emission" means those 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2244 



PROPOSED RULES 



emissions which could not reasonably 
pass through a stack, chimney, vent, or 
other functionally equivalent opening. (28) 

(17) "Fuel burning equipment" means 
equipment whose primary purpose is the 
production of energy or power from the 
combustion of any fuel. The equipment 
is generally used for, but not limited to, 

heating water, generating or circulating (29) 

steam, heating air as in warm air furnace, 

or furnishing process heat by transferring (30) 

energy by fluids or through process 

vessel walls. 

(18) "Garbage" means any animal and (31) 
vegetable waste resulting from the 

handling, preparation, cooking and 
serving of food. 

(19) "Incinerator" means a device designed to 

burn solid, liquid, or gaseous waste (32) 

material. 

(20) "Opacity" means that property of a 
substance tending to obscure vision and is 
measured in terms of percent 
obscuration. 

(21) "Open burning" means any fire whose (33) 
products of combustion are emitted 

directly into the outdoor atmosphere 
without passing through a stack or 
chimney, approved incinerator, or other 
similar device. 

(22) "Owner or operator" means any person (34) 
who owns, leases, operates, controls, or 
supervises a facility, source, or air (a) 
pollution control equipment. 

(23) "Particulate matter" means any material 
except uncombined water that exists in a 
finely divided form as a liquid or solid at 
standard conditions. 

(24) "Particulate matter emissions" means all 

finely divided solid or liquid material. (b) 

other than uncombined water, emitted to 

the ambient air as measured by methods 

specified in this Subchapter. (c) 

(25) "Permitted" means any source subject to 

a permit under this Subchapter or Section (35) 

15 NCAC 2H .0600 Subchapter 15A 
NCAC 20. 

(26) "Person" means any individual, 
partnership. co-partnership, firm, 
company, corporation, association, joint 

stock company, trust, estate, political (36) 

subdivision, or any other legal entity, or 
its legal representative, agent or assigns. 

(27) "PM10" means particulate matter with an 
aerodynamic diameter less than or equal 



to a nominal 10 micrometers as measured 
by methods specified in this Subchapter. 
"PM10 emissions" means finely divided 
solid or liquid material, with an aerody- 
namic diameter less than or equal to a 
nominal 10 micrometers emitted to the 
ambient air as measured by methods 
specified in this Subchapter. 
"Refuse" means any garbage, rubbish, or 
trade waste. 

"Rubbish" means solid or liquid wastes 
from residences, commercial establish- 
ments, or institutions. 
"Rural area" means an area which is 
primarily devoted to, but not necessarily 
limited to, the following uses: agricul- 
ture, recreation, wildlife management. 
state park, or any area of natural cover. 
"Salvage operation" means any business, 
trade, or industry engaged in whole or in 
part in salvaging or reclaiming any prod- 
uct or material, including, but not limited 
to, metal, chemicals, motor vehicles, 
shipping containers, or drums. 
"Smoke" means small gas-borne particles 
resulting from incomplete combustion, 
consisting predominantly of carbon, ash, 
and other burned or unburned residue of 
combustible materials that form a visible 
plume. 

"Smoke density measuring device" 
means: 
Ringelmann Chart which is the chart 
published by the U.S. Bureau of Mines 
and described in their information 
Circular 8333 and on which are illus- 
trated graduated shades of grey to black 
for use in estimating the light obscuring 
capacity of smoke; 

the pocket size Ringelmann Chart and 
other adaptations commonly used by 
trained smoke inspectors; 
other equivalent standards approved by 
the commis s ion Commission . 
"Source" means any stationary article, 
machine, process equipment, or other 
contrivance.! or combination thereof, or 
any tank-truck, trailer or railroad tank 
car from which air pollutants emanate or 
are emitted, either directly or indirectly. 
"Sulfur oxides" means sulfur dioxide, 
sulfur trioxide, their acids and the salts of 
their acids. The concentration of sulfur 
dioxide is measured by the methods 
specified in this Subchapter. 



2245 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



(37) "Total suspended particulate" means any gaseous waste materials or rubbish resulting from 
finely divided solid or liquid material, combustion, salvage operations, building opera- 
except water in uncombined form, that is tions, or the operation of any business, trade, or 
or has been airborne as measured by industry including, but not limited to, plastic 
methods specified in this Subchapter. products, paper, wood, glass, metal, paint, grease, 

(38) "Trade wastes" means all solid, liquid, or oil and other petroleum products, chemicals, and 

ashes. 
(39) "ug" means micrograms. 

Statutory Authority G. S. 143-215. 3(a)(1); 143-213. 
SECTION .0500 - EMISSION CONTROL STANDARDS 

.0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS 

(a) Purpose and Scope. The purpose of this Regulation Rule is to assure orderly compliance with 
emission control standards found in this Section. This Regulation Rule shall apply to all air pollution 
sources, both combustion and non-combustion. 

(b) In determining compliance with emission control standards, means shall be provided by the owner to 
allow periodic sampling and measuring of emission rates, including necessary ports, scaffolding and power 
to operate sampling equipment; and upon the request of the Division of Environmental Management, data 
on rates of emissions shall be supplied by the owner. 

(c) Testing to determine compliance shall be in accordance with the following procedures, except as may 
be otherwise required in Regulations Rules .0524, .0525, and .0604 of this Subchapter. 

(1) Method 1 of Appendix A of 40 CFR Part 60 shall be used to select a suitable site and the 
appropriate number of test points for the following situations: 

(A) particulate testing, 

(B) velocity and/or and volume flow rate measurements; 

(C) testing for acid mist or other pollutants which occur in liquid droplet form, 

(D) any sampling for which velocity and/or and volume flow rate measurements are necessary for 
computing final test results, and 

(E) any sampling which involves a sampling method which specifies isokinetic sampling. 
(Isokinetic sampling is sampling in which the velocity of the gas at the point of entry into the 
sampling nozzle is equal to the velocity adjacent to the nozzle.) 

Method 1 shall be applied as written with the following clarifications: Testing installations with 
multiple breechings can be accomplished by testing the discharge stack(s) to which the multiple 
breechings exhaust. If the multiple breechings are individually tested, then Method 1 shall be 
applied to each breeching individually. If test ports in a duct are located less than two diameters 
downstream from any disturbance (fen, elbow, change in diameter, or any other physical feature 
that may disturb the gas flow) or one-half diameter upstream from any disturbance, the 
acceptability of the test location shall be subject to the approval of the director Director , or his 
designee. 

(2) Method 2 of Appendix A of 40 CFR Part 60 shall be applied as written and used concurrently 
with any test method in which velocity and/or and volume flow rate measurements are required. 

(3) Sampling procedures for determining compliance with particulate emission control standards shall 
be in accordance with Method 5 of Appendix A of 40 CFR Part 60. Method 17 of Appendix 
A of 40 CFR Part 60 may be used instead of Method 5 provided that the stack gas temperature 
does not exceed 320° F. The minimum time per test point for particulate testing shall be two 
minutes and the minimum time per test run shall be one hour. The sample gas drawn during 
each test run shall be at least 30 cubic feet. A number of sources are known to emit organic 
material (oil, pitch, plasticizers, etc.) which exist as finely divided liquid droplets at ambient 
conditions. These materials cannot be satisfactorily collected by means of the above Method 5. 
In these cases the commission Commission will reserve the option to may require the use of 
Method 5 as proposed on August 17, 1971, in the Federal Register, Volume 36, Number 159. 

(4) The procedures for determining compliance with sulfur dioxide emission control standards for 
fuel burning sources may be either by determining sulfur content with fuel analysis or by stack 
sampling. Combustion sources choosing to demonstrate compliance through stack sampling shall 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2246 



PROPOSED RULES 



follow procedures described in Method 6 of Appendix A of 40 CFR Part 60. If a source chooses 
to demonstrate compliance by analysis of sulfur in fuel, sampling, preparation, and analysis of 
fuels shall be in accordance with the following American Society of Testing and Materials 
(ASTM) methods: 

(A) coal: 

(i) sampling-ASTM Method D 2234-82; 

(ii) preparation-ASTM Method D 2013-72; 

(iii) gross calorific value (BTU)-ASTM Method D 2015-85; 

(iv) moisture content-ASTM Method D 3173-85; 

(v) sulfur content-ASTM Method D 3177-84 or ASTM Method D 4239-85; 

(B) oil: 

(i) sampling— A sample shall be collected at the pipeline inlet to the fuel burning unit after 
sufficient fuel has been drained from the line to remove all fuel that may have been 
standing in the line; 

(ii) heat of combustion (BTU)-ASTM Method D 240-85; 

(iii) sulfur content-ASTM Method D 129-64 (reapproved 1978). 

The sulfur content and BTU content of the fuel shall be reported on a dry basis. When the test 
methods described in Parts (A) or (B) of this Subparagraph are used to demonstrate that the 
ambient air quality standards for sulfur dioxide are being protected, the sulfur content shall be 
determined at least once per year from a composite of at least three or 24 samples taken at equal 
time intervals from the fuel being burned over a three-hour or 24-hour period, respectively, 
whichever is the time period for which the ambient standard is most likely to be exceeded; this 
requirement shall not apply to sources that are only using fuel analysis in place of continuous 
monitoring to meet the requirements of Section .0600 of this Subchapter. 

(5) Sulfuric acid manufacturing plants and spodumene ore roasting plants shall demonstrate 
compliance with Regulations Rules .0517 and .0527, respectively, of this Section by using 
Method 8 of Appendix A of 40 CFR Part 60. 

(6) All other industrial processes emitting sulfur dioxide shall demonstrate compliance by sampling 
procedures described in Method 6 of Appendix A of 40 CFR Part 60. 

(7) Sampling procedures to demonstrate compliance with emission standards for nitrogen oxides shall 
be in accordance with the procedures set forth in Method 7 of Appendix A of 40 CFR Part 60. 

(8) Method 9 of Appendix A of 40 CFR 60 shall be used when opacity is determined by visual 
observation. 

(9) Notwithstanding the stated applicability to new source performance standards or primary 
aluminum plants, the procedures to be used to determine fluoride emissions are: 

(A) for sampling emissions from stacks. Method 13A or 13B of Appendix A of 40 CFR Part 60. 

(B) for sampling emissions from roof monitors not employing stacks or pollutant collection systems. 
Method 14 of Appendix A of 40 CFR Part 60, and 

(C) for sampling emissions from roof monitors not employing stacks but equipped with pollutant 
collection systems, the procedure under 40 CFR 60.8(b), except that the Director of the 
Division of Environmental Management shall be substituted for the administrator. 

(10) Emissions of total reduced sulfur shall be measured by the test procedure described in Method 
16 of Appendix A of 40 CFR Part 60 or Method 16A of Appendix A of 40 CFR Part 60. 

(11) Emissions of mercury shall be measured by the test procedure described in Method 101 or 102 
of Appendix B of 40 CFR Part 61 . 

(12) Each test (excluding fuel samples) shall consist of three repetitions or runs of the applicable test 
method. For the purpose of determining compliance with an applicable emission standard the 
average of results of all repetitions shall apply. 

(13) In conjunction with performing certain test methods prescribed in this Regulation Rule , the 
determination of the fraction of carbon dioxide, oxygen, carbon monoxide and nitrogen in the 
gas being sampled is necessary to determine the molecular weight of the gas being sampled. 
Collecting a sample for this purpose shall be done in accordance with Method 3 of Appendix A 
of 40 CFR Part 60: 

(A) The grab sample technique may also be used with instruments such as Bacharach Fyrite (trade 
name) with the following restrictions: 



2247 8:23 NORTH CAROLINA REGISTER March 1, 1994 



PROPOSED RULES 



(i) Instruments such as the Bacharach Fyrite (trade name) may only be used for the 

measurement of carbon dioxide, 
(ii) Repeated samples shall be taken during the emission test run to account for variations in 
the carbon dioxide concentration. No less than four samples shall be taken during a 
one-hour test run, but as many as necessary shall be taken to produce a reliable average, 
(iii) The total concentration of gases other than carbon dioxide, oxygen and nitrogen shall be 
less than one percent. 
(B) For fuel burning sources, concentrations of oxygen and nitrogen may be calculated from 
combustion relations for various fuels. 

(14) For those processes for which the allowable emission rate is determined by the production rate, 
provisions shall be made for controlling and measuring the production rate. The source shall be 
responsible for ensuring, within the limits of practicality, that the equipment or process being 
tested is operated at or near its maximum normal production rate or at a lesser rate if specified 
by the director Director or his delegate. The individual conducting the emission test shall be 
responsible for including with his test results, data which accurately represent the production rate 
during the test. 

(15) Emission rates for wood or fuel burning sources which are expressed in units of pounds per 
million BTU shall be determined by the "Oxygen Based F Factor Procedure" described in 40 
CFR Part 60, Appendix A, Method 19, Section 5. Other procedures described in Method 19 
may be used subject to the approval of the Director, Division of Environmental Management. 
To provide data of sufficient accuracy to use with the F-fector methods, an integrated (bag) 
sample shall be taken for the duration of each test run. In the case of simultaneous testing of 
multiple ducts, there shall be a separate bag for each sampling train. The bag sample shall be 
analyzed with an Orsat analyzer in accordance with Method 3 of Appendix A of 40 CFR Part 
60. (The number of analyses and the tolerance between analyses are specified in Method 3.) 
The specifications indicated in Method 3 for the construction and operation of the bag sampling 
apparatus shall be followed. 

(16) Particulate testing on steam generators that utilize soot blowing as a routine means for cleaning 
heat transfer surfaces shall be conducted so that the contribution of the soot blowing is 
represented as follows: 

(A) If the soot blowing periods are expected to represent less than 50 percent of the total particulate 
emissions, one of the test runs shall include a soot blowing cycle. 

(B) If the soot blowing periods are expected to represent more than 50 percent of the total 
particulate emissions then two of the test runs shall each include a soot blowing cycle. 

Under no circumstances shall all three test runs include soot blowing. The average emission rate 
of particulate matter is calculated by the equation: 

E AVG = E s S(A + B) + E N , R__S - BS , 
AR R AR 

E AV0 equals the average emission rate in pounds per million Btu for daily operating time. E s 
equals the average emission rate in pounds per million Btu of sample(s) containing soot blowing. 
E N equals the average emission rate in pounds per million Btu of sample(s) with no soot blowing. 
A equals hours of soot blowing during sample(s). B equals hours without soot blowing during 
sample(s) containing sootblowing. R equals average hours of operation per 24 hours. S equals 
average hours of soot blowing per 24 hours. If large changes in boiler load or stack flow rate 
occur during soot blowing, other methods of prorating the emission rate may be considered more 
appropriate; for these tests the Director or his designee may approve an alternate method of 
prorating. 

(17) Emissions of volatile organic compounds shall be measured by the appropriate test procedure in 
Section .0900 of this Subchapter. 

(18) Upon prior approval by the Director or his delegate, test procedures different from those 
described in this R e gulation Rule may be used if they will provide equivalent or more reliable 
results . Furthermore, the Director or his delegate ha s th e option to may prescribe alternate test 
procedures on an individual basis when he considers that the action is necessary to secure reliable 
test data. In the case of sources for which no test method is named, the Director or his delegate 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2248 



PROPOSED RULES 



may has the authority to prescribe or approve methods on an individual basis. 

(d) All existing sources of emission shall comply with applicable regulations and standards at the earliest 
possible date. All new sources shall be in compliance prior to beginning operations. 

(e) In addition to any control or manner of operation necessary to meet emission standards in this Section, 
any source of air pollution shall be operated with such control or in such manner that the source shall not 
cause the ambient air quality standards of Section .0400 of this Subchapter to be exceeded at any point 
beyond the premises on which the source is located. When controls more stringent than named in the 
applicable emission standards in this Section are required to prevent violation of the ambient air quality 
standards or are required to create an offset, the permit shall contain a condition requiring these controls. 

(f) The Bubble Concept. A facility with multiple emission sources or multiple facilities within the same 
area may choose to meet the total emission limitation for a given pollutant through a different mix of 
controls than that required by the regulations rules in this Section or Section 0900 of this Subchapter. 

( 1 ) In order for this mix of alternative controls to be permitted the director Director shall determine 
that the following conditions are met: 

(A) Sources to which Regulations Rules .0524, .0525, .0530, and .0531 of this Section, the federal 
New Source Performance Standards (NSPS), the federal National Emission Standards for 
Hazardous Air Pollutants (NESHAPS), regulations established pursuant to Section 111 (d) of 
the federal Clean Air Act, or state or federal Prevention of Significant Deterioration (PSD) 
requirements apply, will have emissions no larger than if there were not an alternative mix of 
controls; 

(B) The facility (or facilities) is located in an attainment area or an unclassified area or in an area 
that has been demonstrated to be attainment by the statutory deadlines (with reasonable further 
progress toward attainment) for those pollutants being considered; 

(C) All of the emission sources affected by the alternative mix are in compliance with applicable 
regulations or are in compliance with established compliance agreements; and 

(D) The review of an application for the proposed mix of alternative controls and the enforcement 
of any resulting permit will not require excessive expenditures on the part of the State in excess 
of five times that which would otherwise be required . 

(2) The owner(s) or operator(s) of the facility (facilities) shall demonstrate to the satisfaction of the 
director Director that the alternative mix of controls is equivalent in total allowed emissions, 
reliability, enforceability, and environmental impact to the aggregate of the otherwise applicable 
individual emission standards; and 

(A) that the alternative mix approach does not interfere with attainment and maintenance of ambient 
air quality standards and does not interfere with the PSD program; this demonstration shall 
include modeled calculations of the amount, if any, of PSD increment consumed or created; 

(B) that the alternative mix approach conforms with reasonable further progress requirements in 
any nonattainment area; 

(C) that the emissions under the alternative mix approach are in fact quantifiable, and trades among 
them are even; 

(D) that the pollutants controlled under the alternative mix approach are of the same criteria 
pollutant categories, except that emissions of some criteria pollutants used in alternative 
emission control strategies are subject to the limitations as defined in 44 FR 71784 (December 
11, 1979), Subdivision D. l.c.ii. The Federal Register referenced in this Part js hereby 
incorporated by reference and does not include subsequent amendments or editions. 

The demonstrations of equivalence shall be performed with at least the same level of detail as 
The North Carolina State Implementation plan for Air Quality demonstration of attainment for 
the area in question. Moreover, if the facility involves another facility in the alternative strategy, 
it shall complete a modeling demonstration to ensure that air quality is protected. Demonstra- 
tions of equivalency shall also take into account differences in the level of reliability of the 
control measures or other uncertainties. 

(3) The emission rate limitations or control techniques of each source within the facility (facilities) 
subjected to the alternative mix of controls shall be specified in the facility's (facilities') 
permits(s). 

(4) Compliance schedules and enforcement actions shall not be affected because an application for 
an alternative mix of controls is being prepared or is being reviewed. 



2249 8:23 NORTH CAROLINA REGISTER March 1, 1994 



PROPOSED RULES 



(5) The director Director may waive or reduce requirements in this Paragraph up to the extent 

allowed by the Emissions Trading Policy Statement published in the Federal Register of April 

7, 1982, pages 15076-15086, provided that the analysis required by 15 NCAC 2H .0603(g)(1) 

Paragraph (g) of this Rule shall support any waiver or reduction of requirements. The Federal 

Register referenced in this Paragraph is hereby incorporated by reference and does not include 

subsequent amendments or editions. 

(g) In a permit application for an alternative mix of controls under Paragraph (f) of this Rule, the owner 

or operator of the facility shall demonstrate to the satisfaction of the Director that the proposal ]s equivalent 

to the existing requirements of the SIP in total allowed emissions, enforceability, reliability, and 

environmental impact. The Director shall provide for public notice with an opportunity for a request for 

public hearing following the procedures under 15A NCAC 2Q .0300 or .0500, as applicable. If and when 

a permit containing these conditions is issued, it will become a part of the SIP as an appendix available for 

inspection at the department's regional offices. Until the U.S. Environmental Protection Agency (EPA) 

approves the SIP revision embodying the permit containing an alternative mix of controls, the facility shall 

continue to meet the otherwise applicable existing SIP requirements. The revision will be approved by EPA 

on the basis of the revision's consistency with EPA's "Policy for Alternative Emission Reduction Options 

Within State Implementation Plans" as promulgated in the Federal Register of December 1 1, 1989, pages 

71780-71788, and subsequent rulings. 

(h) The referenced ASTM test methods in this Rule are hereby incorporated by reference and includes 
subsequent amendments and editions. Copies of referenced ASTM test methods or Federal Registers may 
be obtained from the Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina 
27626-0535 at a cost often cents ($0.10) per page. 



Statutory Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(5). 

.0503 PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS 

(a) With the exceptions in Rule .0536 of this Section, emissions of particulate matter from the combustion 
of a fuel that are discharged from any stack or chimney into the atmosphere shall not exceed: 



Maximum Heat Input In 

Millon BTU/Hour 
Up to and Including 10 
100 
1,000 
10.000 and Greater 



Allowable Emission Limit 
For Particulate Matter 
In Lb/Million BTU 
0.60 
0.33 
0.18 
0.10 



For a heat input between any two consecutive heat inputs stated in the preceding table, the allowable 
emissions of particulate matter shall be calculated by the equation E= 1 .090 times Q to the -0.2594 power. 
E = allowable emission limit for particulate matter in lb/million BTU. = maximum heat input in million 
BTU/hour. 

(b) This Rule applies to installations in which fuel is burned for the purpose of producing heat or power 
by indirect heat transfer. Fuels include those such as coal, coke, lignite, peat, natural gas, and fuel oils, 
but exclude wood and refuse not burned as a fuel. When any refuse, products, or by-products of a 
manufacturing process are burned as a fuel rather than refuse, or in conjunction with any fuel, this allowable 
emission limit shall apply. 

(c) For the purpose of this Rule, the maximum heat input shall be the total heat content of all fuels which 
are burned in a fuel burning indirect heat exchanger, of which the combustion products are emitted through 
a stack or stacks. The sum of maximum heat input of all fuel burning indirect heat exchangers at a plant 
site which are in operation, under construction, or permitted pursuant to Section 15A NCAC 2H .0600 
Subchapter 15A NCAC 2Q , shall be considered as the total heat input for the puipose of determining the 
allowable emission limit for particulate matter for each fuel burning indirect heat exchanger. Fuel burning 
indirect heat exchangers constructed or permitted after February 1, 1983, shall not change the allowable 
emission limit of any fuel burning indirect heat exchanger whose allowable emission limit has previously 
been set. The removal of a fuel burning indirect heat exchanger shall not change the allowable emission 



8:23 



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2250 



PROPOSED RULES 



limit of any fuel burning indirect heat exchanger whose allowable emission limit has previously been 
established. However, for any fuel burning indirect heat exchanger constructed after, or in conjunction 
with, the removal of another fuel burning indirect heat exchanger at the plant site, the maximum heat input 
of the removed fuel burning indirect heat exchanger shall no longer be considered in the determination of 
the allowable emission limit of any fuel burning indirect heat exchanger constructed after or in conjunction 
with the removal. For the purposes of this Paragraph, refuse not burned as a fuel and wood shall not be 
considered a fuel. For residential facilities or institutions (such as military and educational) whose primary 
fuel burning capacity is for comfort heat, only those fuel burning indirect heat exchangers located in the 
same power plant or building or otherwise physically interconnected (such as common flues, steam, or 
power distribution line) shall be used to determine the total heat input. 

(d) The emission limit for fuel burning equipment that burns both wood and other fuels in combination, 
or for wood and other fuel burning equipment that is operated such that emissions are measured on a 
combined basis, shall be calculated by the equation Ec = [(EW) (Qw) + (Eo) (Qo)] /Qt. 

(1) Ec = the emission limit for combination or combined emission source(s) in lb/million BTU. 

(2) Ew = plant site emission limit for wood only as determined by Regulation Rule .0504 of this 
Section in lb/million BTU. 

(3) Eo = the plant site emission limit for other fuels only as determined by Paragraphs (a), (b) and 
(c) of this Regulation Rule in lb/million BTU. 

(4) Qw = the actual wood heat input to the combination or combined emission source(s) in BTU/hr. 

(5) Qo = the actual other fuels heat input to the combination or combined emission source(s) in 
BTU/hr. 

(6) Qt = Qw + Qo and is the actual total heat input to combination or combined emission source(s) 
in BTU/hr. 



Statutory Authority G.S. 1 43-215. 3(a)(1); 143-215. 107(a)(5); 



.0524 NEW SOURCE PERFORMANCE 
STANDARDS 

(a) Sources of the following types when subject 
to new source performance standards promulgated 
in 40 CFR Part 60 shall comply with the emission 
standards, monitoring and reporting requirements, 
maintenance requirements, notification and record 
keeping requirements, performance test require- 
ments, test method and procedure provisions, and 
any other provisions, as required therein, rather 
than with any otherwise-applicable Rule in this 
Section which would be in conflict therewith. 
New sources of volatile organic compounds that 
are located in Davidson, Durham, Forsyth, 
Gaston, Guilford, Mecklenburg, or Wake 
Counties, Dutchville Township in Granville 
County, or that part of Davie County bounded by 
the Yadkin River, Dutchmans Creek, North 
Carolina Highway 801, Fulton Creek, and back to 
the Yadkin River shall comply with the following 
requirements, as well as with any applicable 
requirements in Section .0900 of this Subchapter: 

( 1 ) fossil fuel-fired steam generators (40 
CFR 60.1 to 60.49, Subpart D); 

(2) incinerators (40 CFR 60. 1 to 60.39 and 
60.50 to 60.59, Subpart (E); 

(3) portland cement plants (40 CFR 60. 1 to 
60.39 and 60.60 to 60.69. Subpart F); 

(4) nitric acid plants (40 CFR 60.1 to 



60.39 and 60.70 to 60.79, Subpart G); 

(5) sulfuric acid plants (40 CFR. 60.1 to 
60.39 and 60.80 to 60.89. Subpart H); 

(6) asphalt concrete plants (40 CFR 60. 1 to 
60.39 and 60.90 to 60.99, Subpart I); 

(7) petroleum refineries (40 CFR 60.1 to 
60.39 and 60.100 to 60.109, Subpart 

J); 

(8) storage vessels for petroleum liquids for 
which construction, reconstruction, or 
modification commenced after June 11, 
1973, and prior to May 19, 1978 (40 
CFR 60.1 to 60.39 and 60.110 to 
60.119, Subpart K); 

(9) secondary lead smelters (40 CFR 60.1 
to 60.39 and 60. 120 to 60. 129, Subpart 
L); 

(10) secondary brass and bronze ingot 
production plants(40 CFR 60. 1 to 60.39 
and 60.130 to 60.139, Subpart M); 

(11) iron and steel plants (40 CFR 60.1 to 
60.39 and 60.140 to 60.149. Subpart 
N); 

(12) sewage treatment plants (40 CFR 60.1 
to 60.39 and 60. 150 to 60.159. Subpart 
O); 

(13) phosphate fertilizer industry: wet 
process phosphoric acid plants (40 CFR 
60.1 to 60.39 and 60.200 to 60.209, 



2251 



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PROPOSED RULES 



Subpart T); 

(14) phosphate fertilizer industry: 
superphosphoric acid plants (40 CFR 
60.1 to 60.39 and 60.210 to 60.219, 
Subpart U); 

(15) phosphate fertilizer industry: 
diammonium phosphate plants (40 CFR 
60.1 to 60.39 and 60.220 to 60.229, 
Subpart V); 

(16) phosphate fertilizer industry: triple 
superphosphate plants (40 CFR 60.1 to 
60.39 and 60.230 to 60.239, Subpart 
W); 

(17) phosphate fertilizer industry: granular 
triple superphosphate storage facilities 
(40 CFR 60.1 to 60.39 and 60.240 to 
60.249, Subpart X); 

(18) steel industry: electric arc furnaces (40 
CFR 60.1 to 60.39 and 60.270 to 
60.279, Subpart AA); 

(19) coal preparation plants (40 CFR 60. 1 to 
60.39 and 60.250 to 60.259, Subpart 
Y); 

(20) primary copper smelters (40 CFR 60.1 
to 60.39 and 60.160 to 60.169, Subpart 

P); 

(21) primary zinc smelters (40 CFR 60.1 to 
60.39 and 60.170 to 60.179, Subpart 

Q); 

(22) primary lead smelters (40 CFR 60.1 to 
60.39 and 60.180 to 60.189, Subpart 

R); 

(23) primary aluminum reduction plants (40 
CFR 60.1 to 60.39 and 60.190 to 
60.199, Subpart S); 

(24) ferroalloy production facilities (40 CFR 
60.1 to 60.39 and 60.260 to 60.269, 
Subpart Z); 

(25) kraft pulp mills (40 CFR 60. 1 to 60.39 
and 60.280 to 60.289, Subpart BB); 

(26) grain elevators (40 CFR 60.1 to 60.39 
and 60.300 to 60.309, Subpart DD); 

(27) lime manufacturing plants (40 CFR 
60.1 to 60.39 and 60.340 to 60.349, 
Subpart HH); 

(28) stationary gas turbines (40 CFR 60.1 to 
60.39 and 60.330 to 60.339, Subpart 
GG); 

(29) electric utility steam generating units 
(40 CFR 60.1 to 60.39 and 40 CFR 
60.40a to 60.49a, Subpart Da); 

(30) storage vessels for petroleum liquids, 
for which construction, reconstruction, 
or modification commenced after May 
18, 1978 and prior to July 23, 1984 (40 



CFR 60.1 to 60.39 and 40 CFR 
60. 1 10a to 60. 1 19a, Subpart Ka); 

(31) glass manufacturing plants (40 CFR 
60.1 to 60.39 and 40 CFR 60.290 to 
60.299, Subpart CC); 

(32) lead-acid battery manufacturing (40 
CFR 60. 1 to 60.39 and 40 CFR 60.370 
to 60.379, Subpart KK); 

(33) automobile and light duty truck surface 
coating operations (40 CFR 60.1 to 
60.39 and 40 CFR 60.390 to 60.399, 
Subpart MM); 

(34) phosphate rock plants (40 CFR 60. 1 to 
60.39 and 40 CFR 60.400 to 60.409. 
Subpart NN); 

(35) ammonium sulfate manufacturing (40 
CFR 60. 1 to 60.39 and 40 CFR 60.420 
to 60.429, Subpart PP); 

(36) surface coating of metal furniture (40 
CFR 60.1 to 60.39 and CFR 60.310 to 
60.319, Subpart EE); 

(37) graphic arts industry: publication 
rotogravure printing (40 CFR 60.1 to 
60.39 and 40 CFR 60.430 to 60.439, 
Subpart QQ); 

(38) industrial surface coating: large 
appliances (40 CFR 60.1 to 60.39 and 
40 CFR 60.450 to 60.459, Subpart SS); 

(39) metal coil surface coating (40 CFR 60. 1 
to 60.39 and 40 CFR 60.460 to 60.469, 
Subpart TT); 

(40) beverage can surface coating industry 
(40 CFR 60.1 to 60.39 and 40 CFR 
60.490 to 60.499, Subpart WW); 

(41) asphalt processing and asphalt roofing 
manufacture (40 CFR 60. 1 to 60.39 and 
40 CFR 60.470 to 60.479, Subpart 
UU); 

(42) bulk gasoline terminals (40 CFR 60.1 
to 60.39 and 40 CFR 60.500 to 60.509, 
Subpart XX); 

(43) metallic mineral processing plants (40 
CFR 60. 1 to 60.39 and 40 CFR 60.380 
to 60.389, Subpart LL); 

(44) pressure sensitive tape and label surface 
coating operations (40 CFR 60. 1 to 
60.39 and 40 CFR 60.440 to 60.449, 
Subpart (R); 

(45) equipment leaks of VOC in the 
synthetic organic chemicals 
manufacturing industry (40 CFR 60.1 
to 60.39 and 40 CFR 60.480 to 60.489, 
Subpart VV); 

(46) equipment leaks of VOC in petroleum 
refineries (40 CFR 60.1 to 60.39 and 



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2252 



PROPOSED RULES 



40 CFR 60.590 to 60.599, Subpart 
GGG); 

(47) synthetic fiber production facilities (40 
CFR 60. 1 to 60.39 and 40 CFR 60.600 
to 60.609, Subpart HHH); 

(48) flexible vinyl and urethane coating and 
printing (40 CFR 60.1 to 60.39 and 40 
CFR 60.580 to 60.589, Subpart FFF); 

(49) petroleum dry cleaners (40 CFR 60. 1 to 
60.39 and 60.620 to 60.629, Subpart 
JJJ); 

(50) onshore natural gas processing plants: 
equipment leaks of volatile organic 
compounds (40 CFR 60. 1 to 60.39 and 
60.630 to 60.639, Subpart KKK); 

(51) wool fiberglass insulation 
manufacturing (40 CFR 60.1 to 60.39 
and 60.680 to 60.689, Subpart PPP); 

(52) nonmetallic mineral processing plants 
(40 CFR 60.1 to 60.39 and 60.670 to 
60.679, Subpart OOO); 

(53) steel plants: electric arc furnaces and 
argon-oxygen decarburization vessels 
constructed after August 17, 1983 (40 
CFR 60.1 to 60.39 and 60.270a to 
60.279a, Subpart AAa); 

(54) onshore natural gas processing: SO(2) 
emissions (40 CFR 60.1 to 60.39 and 
60.640 to 60.649, Subpart LLL); 

(55) basic oxygen process steelmaking 
facilities for which construction is 
commenced after January 20, 1983: (40 
CFR 60.1 to 60.39 and 60.140a to 
60.149a, Subpart Na); 

(56) industrial-commercial-institutionalsteam 
generating units (40 CFR 60. 1 to 60.39 
and 60.40b to 60.49b, Subpart Db); 

(57) volatile organic liquid storage vessels 
(including petroleum liquid storage 
vessels) for which construction, 
reconstruction, or modification 
commenced after July 23, 1984 (40 
CFR 60.1 to 60.39 and 40 CFR 
60. 1 10b to 60. 1 19b, Subpart Kb); 

(58) rubber tire manufacturing industry (40 
CFR 60. 1 to 60.39 and 40 CFR 60.540 
to 60.549, Subpart BBB); 

(59) industrial surface coating: surface 
coating of plastic parts for business 
machines (40 CFR 60.1 to 60.39 and 
40 CFR 60.720 to 60.729, Subpart 
TTT); 

(60) magnetic tape coating facilities (40 CFR 
60.1 to 60.39 and 40 CFR 60.710 to 
60.719, Subpart SSS); 



(61) volatile organic compound emissions 
from petroleum refinery wastewater 
systems (40 CFR 60. 1 to 60.34 and 40 
CFR 60.690 to 60.699, Subpart QQQ); 

(62) volatile organic compound emissions 
from the synthetic organic chemical 
manufacturing industry air oxidation 
unit processes (40 CFR 60.1 to 60.34 
and 40 CFR 60.610 to 60.618, Subpart 

HI); 

(63) volatile organic compound emissions 
from synthetic organic chemical manu- 
facturing industry distillation operations 
(40 CFR 60.1 to 60.34 and 40 CFR 
60.660 to 60.668, Subpart NNN); 

(64) polymeric coating of supporting sub- 
strates facilities (40 CFR 60.1 to 60.34 
and 40 CFR 60.740 to 60.748, Subpart 
VVV); 

(65) small industrial-commercial-institutional 
steam generating units (40 CFR 60.1 to 
60.34 and 40 CFR 60.40c to 60.48c, 
Subpart Dc); 

(66) municipal waste combustors (40 CFR 
60.1 to 60.34 and 40 CFR 60.50a to 
60.59a, Subpart Ea); 

(67) volatile organic emissions from the 
polymer manufacturing industry (40 
CFR 60. 1 to 60.34 and 40 CFR 60.560 
to 60.566 except 40 CFR 60.562-2(c), 
Subpart DDD)- 

(68) calciners and dryers in mineral indus- 
tries £40 CFR 60J to 60.34 and 40 
CFR 60.730 to 60.737, Subpart UUU). 

(b) All requests, reports, applications, 
submittals, and other communications to the 
administrator required under Paragraph (a) of this 
Rule shall be submitted to the Director of the 
Division of Environmental Management rather 
than to the Environmental Protection Agency. 

(c) In the application of this Rule, definitions 
contained in 40 CFR Part 60 shall apply rather 
than those of Section .0100 of this Subchapter 
when conflict exists. 

(d) Paragraphs (a) and (b) of Rule .0601 of 
Subchapter 2H of this Chapter 15A NCAC 20. 
.0102 and .0302 are not applicable to any source 
to which this Rule applies. The owner or operator 
of the source shall apply for and receive a permit 
as required in Paragraph (c) of Rule .0601 — ©f 
Subchapter 2H of thi s Chapter 15A NCAC 20. 
.0300 or .0500 . 

(e) The Code of Federal Regulations cited in 
this Rule are incorporated by reference and shall 
automatically include any later amendments thereto 



2253 



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PROPOSED RULES 



except for categories of sources not referenced in 
Paragraph (a) of this Rule. Categories of sources 
not referenced in Paragraph (a) of this Rule for 
which EPA has promulgated new source 
performance standards in 40 CFR Part 60, if and 
when incorporated into this Rule, shall be 
incorporated using rule-making procedures. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(5); 150B-21. 6. 

.0525 NATIONAL EMISSION STANDARDS 
FOR HAZARDOUS AIR 
POLLUTANTS 

(a) Sources emitting pollutants of the following 
types when subject to national emission standards 
for hazardous air pollutants promulgated in 40 
CFR Part 61 shall comply with emission standards, 
monitoring and reporting requirements, 
maintenance requirements, notification and record 
keeping requirements, performance test 
requirements, test method and procedural 
provisions, and any other provisions, as required 
therein, rather than with any otherwise-applicable 
Rule in this Section which would be in conflict 
therewith. New sources of volatile organic 
compounds that are located in Davidson, Durham, 
Forsyth, Gaston, Guilford, Mecklenburg, or Wake 
Counties, Dutchville Township in Granville 
County, or that part of Davie County bounded by 
the Yadkin River, Dutchmans Creek, North 
Carolina Highway 801, Fulton Creek, and back to 
the Yadkin River shall comply with the following 
requirements, as well as with any applicable 
requirements in Section .0900 of this Subchapter: 

(1) asbestos (40 CFR 61.01 to 61.19 and 
61.140 to 61.159, Subpart M, with the 
exception named in 40 CFR 61.157); 

(2) beryllium (40 CFR 61 .01 to 61 . 19 and 
61.30 to 61.39, Subpart C); 

(3) beryllium from rocket motor firing (40 
CFR 61.01 to 61.19 and 61.40 to 
61.49, Subpart D); 

(4) mercury (40 CFR 61.01 to 61.19 and 
61.50 to 61.59, Subpart E); 

(5) vinyl chloride (40 CFR 61 .01 to 61.19 
and 61.60 to 61.71, Subpart F); 

(6) equipment leaks (fugitive emission 
sources) of benzene (40 CFR 61.01 to 
61.19 and 61.110 to 61.119, Subpart 

J); 

(7) equipment leaks (fugitive emission 
sources) (of volatile hazardous air 
pollutants) (40 CFR 61.01 to 61.19 and 
61.240 to 61.249, Subpart V); 



(8) inorganic arsenic emissions from glass 
manufacturing plants (40 CFR 61.01 to 
61.19 and 61.160 to 61.169, Subpart 
N); 

(9) inorganic arsenic emissions from 
primary copper smelters (40 CFR 61 .01 
to 61.19 and 61. 170 to 61.179, Subpart 
O); 

(10) inorganic arsenic emissions from 
arsenic trioxide and metallic arsenic 
production facilities (40 CFR 61.01 to 
61.19 and 61.180 to 61.186, Subpart 

P); 

(11) benzene emissions from benzene 
transfer operations (40 CFR 61.01 to 
61.19 and 61.300 to 61.306, Subpart 
BB); 

(12) benzene waste operations (40 CFR 
61.01 to 61.19 and 61.340 to 61.358, 
Subpart FF); 

(13) benzene emissions from coke 
by-product recovery plants (40 CFR 
61.01 to 61.19 and 61.130 to 61.139, 
Subpart L); 

(14) benzene emissions from benzene 
storage vessels (40 CFR 61 .01 to 61 . 19 
and 61.270 to 61.277 except 61.273, 
Subpart Y). 

(b) All requests, reports, applications, 
submittals, and other communications to the 
administrator required under Paragraph (a) of this 
Rule shall be submitted to the Director of the 
Division of Environmental Management rather 
than to the Environmental Protection Agency; 
except that all such reports, applications, 
submittals, and other communications to the 
administrator required by 40 CFR 61.145 shall be 
submitted to the Director, Division of 
Epidemiology. 

(c) In the application of this Rule, definitions 
contained in 40 CFR Part 61 shall apply rather 
than those of Section .0100 of this Subchapter 
when conflict exists. 

(d) Paragraphs (a) and (b) of Rule 15A NCAC 
2H .0601 15A NCAC 20. .0102 and .0302 are not 
applicable to any source to which this Rule 
applies. The owner or operator of the source shall 
apply for and receive a permit as required in 
Paragraph (c) of Rule 15A NCAC 2H .0601 15A 
NCAC 20. .0300 or .0500 . 

(e) The Code of Federal Regulations cited in 
this Rule are incorporated by reference and shall 
automatically include any later amendments thereto 
except for categories of sources not referenced in 
Paragraph (a) of this Rule. Categories of sources 



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March 1, 1994 



2254 



PROPOSED RULES 



not referenced in Paragraph (a) of this Rule for 
which EPA has promulgated national emission 
standards for hazardous air pollutants in 40 CFR 
Part 61, if and when incorporated into this Rule, 
shall be incorporated using rule-making 
procedures. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(5); 150B-21.6. 

.0530 PREVENTION OF SIGNIFICANT 
DETERIORATION 

(a) The purpose of the Rule is to implement a 
program for the prevention of significant 
deterioration of air quality as required by 40 CFR 
51.166 as amended October 17, 1988. 

(b) For the purposes of this Rule the definitions 
contained in 40 CFR 51.166(b) and 40 CFR 
51.301 shall apply. The reasonable period 
specified in 40 CFR 51 . 166(b)(3)(ii) shall be seven 
years. The limitation specified in 40 CFR 
51. 166(b)(15)(ii) shall not apply. 

(c) All areas of the State shall be classified as 
Class II except that the following areas are Class 
I: 

(1) Great Smoky Mountains National Park; 

(2) Joyce Kilmer Slickrock National 
Wilderness Area; 

(3) Linville Gorge National Wilderness 
Area; 

(4) Shining Rock National Wilderness 
Area; 

(5) Swanquarter National Wilderness Area. 

(d) Redesignations of areas to Class I or II may 
be submitted as state proposals to the 
Administrator of the Environmental Protection 
Agency (EPA), if the requirements of 40 CFR 
51.166(g)(2) are met. Areas may be proposed to 
be redesignated as Class III, if the requirements of 
40 CFR 51.166(g)(3) are met. Redesignations 
may not, however, be proposed which would 
violate the restrictions of 40 CFR 51.166(e). 
Lands within the boundaries of Indian Reservations 
may be redesignated only by appropriate Indian 
Governing Body. 

(e) In areas designated as Class I, II, or III, 
increases in pollutant concentration over the 
baseline concentration shall be limited to the 
values set forth in 40 CFR 51.166(c). However, 
concentration of the pollutant shall not exceed 
standards set forth in 40 CFR 51.166(d). 

(f) Concentrations attributable to the conditions 
described in 40 CFR 51.166(f)(1) shall be 
excluded in determining compliance with a 
maximum allowable increase. However, the 



exclusions referred to in 40 CFR 51 . 166(f)(l)(i) or 
(ii) shall be limited to five years as described in 40 
CFR 51.166(f)(2). 

(g) Major stationary sources and major 
modifications shall comply with the requirements 
contained in 40 CFR 51.166(i) and by extension in 
40 CFR 51.1 66{j) through (o). The transition 
provisions allowed by 40 CFR 52.21 (i)(l l)(i) and 
(ii) and (m)(l)(vii) and (viii) are hereby adopted 
under this Rule. The minimum requirements 
described in the portions of 40 CFR 51.166 
referenced in this Paragraph are hereby adopted as 
the requirements to be used under this Rule, 
except as otherwise provided in this Rule. 
Wherever the language of the portions of 40 CFR 
51.166 referenced in this Paragraph speaks of the 
"plan," the requirements described therein shall 
apply to the source to which they pertain, except 
as otherwise provided in this Rule. Whenever the 
portions of 40 CFR 51.166 referenced in this 
Paragraph provide that the State plan may exempt 
or not apply certain requirements in certain 
circumstances, those exemptions and provisions of 
nonapplicability are also hereby adopted under this 
Rule. However, this provision shall not be 
interpreted so as to limit information that may be 
requested from the owner or operator by the 
Director as specified in 40 CFR 51 . 166(n)(2). 

(h) Paragraph s (a) and (b) of 15A NCAC 2H 
t060+ L5A NCAC 20. .0102 and .0302 are not 
applicable to any source to which this Rule 
applies. The owner or operator of the sources 
Sources to which this Rule applies shall apply for 
and receive a permit as required in Paragraph (e) 
of 15A NCAC 2H .0601 15A NCAC 20 .0300 or 
.0500 . 

(i) When a particular source or modification 
becomes a major stationary source or major 
modification solely by virtue of a relaxation in any 
enforceable limitation which was established after 
August 7, 1980, on the capacity of the source or 
modification to emit a pollutant, such as a 
restriction on hours of operation, then the 
provisions of this Rule shall apply to the source or 
modification as though construction had not yet 
begun on the source or modification. 

(j) Volatile organic compounds exempted from 
coverage in Subparagraph (c)(5) of Rule .0531 of 
this Section shall also be exempted when 
calculating source applicability and control 
requirements under this Rule. 

(k) The degree of emission limitation required 
for control of any air pollutant under this Rule 
shall not be affected in any manner by: 

(1) that amount of a stack height, not in 



2255 



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PROPOSED RULES 



existence before December 31, 1970, 
that exceeds good engineering practice; 
or 
(2) any other dispersion technique not 
implemented before then. 

(1) A substitution or modification of a model as 
provided for in 40 CFR 51.166(1) shall be subject 
to public comment procedures in accordance with 
the requirements of 40 CFR 51.166(q). 

(m) Permits may be issued on the basis of 
innovative control technology as set forth in 40 
CFR 51.166(s)(l) if the requirements of 40 CFR 
51.166(s)(2) have been met, subject to the 
condition of 40 CFR 51.166(s)(3), and with the 
allowance set forth in 40 CFR 51.166(s)(4). 

(n) If a source to which this Rule applies 
impacts an area designated Class I by requirements 
of 40 CFR 51.166(e), notice to EPA will be 
provided as set forth in 40 CFR 51.166(p)(l). If 
the Federal Land Manager presents a 
demonstration described in 40 CFR 51.166(p)(3) 
during the public comment period or public 
hearing to the Director and if the Director concurs 
with this demonstration, the permit application 
shall be denied. Permits may be issued on the 
basis that the requirements for variances as set 
forth in 40 CFR 51 .166(p)(4), (p)(5) and (p)(7), or 
(p)(6) and (p)(7) have been satisfied. 

(o) A permit application subject to this Rule 
shall be processed in accordance with the 
procedures and requirements of 40 CFR 51 . 166(q). 
Within 30 days of receipt of the application, 
applicants will be notified if the application is 
complete as to initial information submitted. 
Notwithstanding this determination, the 90-day 
period provided for the Commission to act by G.S. 
143-215. 108(b) shall be considered to begin at the 
end of the period allowed for public comment, at 
the end of any public hearing held on the 
application, or when the applicant supplies 
information requested by the Director in answer to 
comments received during the comment period or 
at any public hearing, whichever is later. The 
Director shall notify the Administrator of EPA of 
any application considered approved by expiration 
of the 90 days; this notification shall be made 
within 10 working days of the date of expiration. 
If no permit action has been taken when 70 days of 
the 90-day period have expired, the Commission 
shall relinquish its prevention of significant 
deterioration (PSD) authority to EPA for that 
permit. The Commission shall notify by letter the 
EPA Regional Administrator and the applicant 
when 70 days have expired. EPA will then have 
responsibility for satisfying unmet PSD 



requirements, including permit issuance with 
appropriate conditions. The permit applicant must 
secure from the Commission, a permit revised (if 
necessary) to contain conditions at least as 
stringent as those in the EPA permit, before 
beginning construction. Commencement of 

construction before full PSD approval is obtained 
constitutes a violation of this Rule. 

(p) Approval of an application with regard to the 
requirements of this Rule shall not relieve the 
owner or operator of the responsibility to comply 
fully with applicable provisions of other rules of 
this Chapter and any other requirements under 
local, state, or federal law. 

(q) When a source or modification subject to 
this Rule may affect the visibility of a Class I area 
named in Paragraph (c) of this Rule, the following 
procedures shall apply: 

(1) The Director shall provide written 
notification to all affected Federal Land 
Managers within 30 days of receiving 
the permit application or within 30 days 
of receiving advance notification of an 
application. The notification shall be at 
least 30 days prior to the publication of 
notice for public comment on the 
application. The notification shall 
include a copy of all information 
relevant to the permit application 
including an analysis provided by the 
source of the potential impact of the 
proposed source on visibility. 

(2) The Director shall consider any analysis 
concerning visibility impairment 
performed by the Federal Land 
Manager if the analysis is received 
within 30 days of notification. If the 
Director finds that the analysis of the 
Federal Land Manager fails to 
demonstrate to his satisfaction that an 
adverse impact on visibility will result 
in the Class I area, the Director shall 
provide in the notice of public hearing 
on the application, an explanation of his 
decision or notice as to where the 
explanation can be obtained. 

(3) The Director may require monitoring of 
visibility in or around any Class I area 
by the proposed new source or 
modification when the visibility impact 
analysis indicates possible visibility 
impairment. 

(r) Revisions of the North Carolina State 
Implementation Plan for Air Quality shall comply 
with the requirements contained in 40 CFR 



8:23 



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March 1, 1994 



2256 



PROPOSED RULES 



51.166(a)(2). 

(s) The version of the Code of Federal 
Regulations incorporated in this Rule is that as of 
January 1, 1989, and does not include any 
subsequent amendments or additions editions to the 
referenced material. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(3); 143-215. 107(a)(5); 
143-215. 107(a)(7); 143-215. 108(b); 150B-21.6. 

.0531 SOURCES IN NONATTAINMENT 
AREAS 

(a) This Rule applies to major stationary sources 
and major modifications of sources of volatile 
organic compounds or nitrogen oxides which are 
located in areas designated in 40 CFR 81.334 as 
nonattainment for ozone and for which 
construction commences after the area in which the 
source is located is listed in 40 CFR 81.334 as 
nonattainment for ozone. This Rule applies to 
major stationary sources and major modifications 
of sources of carbon monoxide located in areas 
designated in 40 CFR 81 .334 as nonattainment for 
carbon monoxide and for which construction 
commences after the area in which the source is 
located is listed in 40 CFR 81.334 as 
nonattainment for carbon monoxide. If any county 
or part of a county to which this Rule applies is 
later designated in 40 CFR 81.334 as attainment 
for ozone or carbon monoxide, all sources in that 
county subject to this Rule before the redesignation 
date shall continue to comply with this Rule. 

(b) For the purpose of this Rule the definitions 
contained in 40 CFR 51.165(a)(1) and 40 CFR 
51.301 shall apply. The reasonable period 
specified in 40 CFR 51 . 165(a)( 1 )(vi)(C)(l) shall be 
seven years. 

(c) This Rule is not applicable to: 

(1) complex sources of air pollution that 
are regulated only under Section .0800 
of this Subchapter and not under any 
other rule in this Subchapter; 

(2) emission of pollutants at the new major 
stationary source or major modification 
located in the nonattainment area which 
are pollutants other than the pollutant or 
pollutants for which the area is 
nonattainment (A major stationary 
source or major modification that is 
major for volatile organic compounds 
or nitrogen oxides is also major for 
ozone.); 

(3) emission of pollutants for which the 
source or modification is not major; 



(4) a new source or modification which 
qualifies for exemption under the 
provision of 40 CFR 51.165(a)(4); and 

(5) emission of the following volatile 
organic compounds: 

(A) carbon monoxide, 

(B) carbon dioxide, 

(C) carbonic acid. 

(D) metallic carbides or carbonates, 

(E) ammonium carbonate, 

(F) methane, 

(G) ethane. 

(H) trichlorofluoromethane 

(chlorofluorocarbon 11), 
(I) dichlorodifluoromethane 

(chlorofluorocarbon 12), 
(J) chlorodifiuoromethane 

(chlorofluorocarbon 22), 
(K) trifluoromethane (fluorocarbon 23), 
(L) trichlorotrifluoroethane 

(chlorofluorocarbon 113). 
(M) d i c h 1 o ro t e t rafl u o ro e t h an e 

(chlorofluorocarbon 114), 
(N) chloropentafluoroethane 

(chlorofluorocarbon 115), 
(O) 1 , 1 , 1 -trichloroethane (methyl 

chloroform), 
(P) dichloromethane (methylene chloride). 
(Q) dichlorotrifluoroethane 

(hydrochlorofluorocarbon 123), 
(R) tetrafluoroethane (hydrofluorocarbon 

134a), 
(S) dichlorofiuoroethane 

(hydrochlorofluorocarbon 141b), 
(T) chlorodifluoroethane 

(hydrochlorofluorocarbon 142b), 
(U) 2-chloro- 1.1,1 ,2-tetrafluoroethane 

(hydrochlorofluorocarbon 124), 
(V) pentafluoroethane (hydrofluorocarbon 

125), 
(W) 1 , 1 ,2,2-tetrafluoroethane 

(hydrofluorocarbon 134), 
(X) 1 , 1 . 1 -trifluoroethane 

(hydrofluorocarbon 143a), 
( Y) 1 , 1 -difluorocarbon (hydrofluorocarbon 

152a), and 
(Z) perfluorocarbon compounds that fall 

into these classes: 
(i) cyclic, branched, or linear 

completely fluorinated alkanes: 
(ii) cyclic, branched. or linear 
completely fluorinated ethers with 
no unsaturations; 
(iii) cyclic, branched. or linear 
completely fluorinated tertiary 



2257 



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PROPOSED RULES 



amines with no unsaturations; and 
(iv) sulfur containing perfluorocarbons 
with no unsaturations and with 
sulfur bonds only to carbon and 
fluorine. 

(d) PnragraphB (a) and (b) of 15 NCAC 2H 
-&m± ISA NCAC 2Q .0102 and .0302 are not 
applicable to any source to which this Rule 
applies. The owner or operator of the source shall 
apply for and receive a permit as required in 
Paragraph (c) of Rule 15 NCAC 2H .0601 15A 
NCAC 2Q .0300 or .0500 . 

(e) To issue a permit to a source to which this 
Rule applies, the Director shall determine that the 
source will meet the following requirements: 

(1) The source will emit the nonattainment 
pollutant at a rate no more than the 
lowest achievable emission rate. 

(2) The owner or operator of the proposed 
new or modified source has 
demonstrated that all major stationary 
sources in the State which are owned or 
operated by this person (or any entity 
controlling, controlled by, or under 
common control with this person) are 
subject to emission limitations and are 
in compliance, or on a schedule for 
compliance which is federally 
enforceable or contained in a court 
decree, with all applicable emission 
limitations and standards of this 
Subchapter which EPA has authority to 
approve as elements of the North 
Carolina State Implementation Plan for 
Air Quality. 

(3) The source will obtain sufficient 
emission reductions of the 
nonattainment pollutant from other 
sources in the nonattainment area so 
that the emissions from the new major 
source and associated new minor 
sources will be less than the emissions 
reductions by a ratio of at least 1 .00 to 
1.15 for volatile organic compounds 
and nitrogen oxides and by a ratio of 
greater than one to one for carbon 
monoxide. The baseline for this 
emission offset shall be the actual 
emissions of the source from which 
offset credit is obtained. Emission 
reductions must not include any 
reductions resulting from compliance 
(or scheduled compliance) with 
applicable rules in effect prior to the 
application. The difference between the 



emissions from the new major source 
and associated new minor sources of 
carbon monoxide and the emission 
reductions must be sufficient to 
represent reasonable further progress 
toward attaining the Ambient Air 
Quality Standards. The emissions 
reduction credits must also conform to 
the provisions of 40 CFR 
5 1.165(a)(3)(ii)(A) through (G). 
(4) The North Carolina State 
Implementation Plan for Air Quality is 
being carried out for the nonattainment 
area in which the proposed source is 
located. 

(f) When a particular source or modification 
becomes a major stationary source or major 
modification solely by virtue of a relaxation in any 
enforceable limitation established after August 7, 
1980, on the capacity of the source or modification 
to emit a pollutant, such as a restriction on hours 
of operation, then the provisions of this Rule shall 
apply to the source or modification as though 
construction had not yet begun on the source or 
modification. 

(g) To issue a permit to a source of a 
nonattainment pollutant, the Director shall 
determine, in addition to the other requirements of 
this Rule, that an analysis (produced by the permit 
applicant) of alternative sites, sizes, production 
processes, and environmental control techniques 
for source demonstrates that the benefits of the 
source significantly outweigh the environmental 
and social costs imposed as a result of its location, 
construction, or modification. 

(h) Approval of an application with regard to the 
requirements of this Rule shall not relieve the 
owner or operator of the responsibility to comply 
fully with applicable provisions of other rules of 
this Chapter and any other requirements under 
local, state, or federal law. 

(i) When a source or modification subject to this 
Rule may affect the visibility of a Class I area 
named in Paragraph (c) of Rule .0530 of this 
Section, the following procedures shall be 
followed: 

(1) The owner or operator of the source 
shall provide an analysis of the 
impairment to visibility that would 
occur as a result of the source or 
modification and general commercial, 
industrial and other growth associated 
with the source or modification. 

(2) The Director shall provide written 
notification to all affected Federal Land 



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2258 



PROPOSED RULES 



(3) 



(4) 



Managers within 30 days of receiving 
the permit application or within 30 days 
of receiving advance notification of an 
application. The notification shall be at 
least 30 days prior to the publication of 
the notice for public comment on the 
application. The notification shall 
include a copy of all information 
relevant to the permit application 
including an analysis provided by the 
source of the potential impact of the 
proposed source on visibility. 
The Director shall consider any analysis 
concerning visibility impairment 
performed by the Federal Land 
Manager if the analysis is received 
within 30 days of notification. If the 
Director finds that the analysis of the 
Federal Land Manager fails to 
demonstrate to his satisfaction that an 
adverse impact on visibility will result 
in the Class I area, the Director shall 
provide in the notice of public hearing 
on the application, an explanation of his 
decision or notice as to where the 
explanation can be obtained. 
The Director shall only issue permits to 
those sources whose emissions will be 
consistent with making reasonable 
progress towards the national goal of 
preventing any future, and remedying 
any existing, impairment of visibility in 
mandatory Class I areas when the 
impairment results from man-made air 
pollution. In making the decision to 
issue a permit, the Director shall 
consider the cost of compliance, the 
time necessary for compliance, the 
energy and nonair quality 
environmental impacts of compliance, 
and the useful life of the source. 
The Director may require monitoring of 
visibility in or around any Class I area 
by the proposed new source or 
modification when the visibility impact 
analysis indicates possible visibility 
impairment. The requirements of this 
Paragraph shall not apply to nonprofit 
health or nonprofit educational 
institutions. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(5); 143-215. 108(b). 

.0532 SOURCES CONTRIBUTING TO AN 



(5) 



AMBIENT VIOLATION 

(a) This Rule applies to certain new major 
stationary sources and major modifications which 
are located in an area which is designated by the 
U.S. Environmental Protection Agency (EPA) to 
be an attainment or unclassifiable area as of May 
1, 1983, and which would contribute to a violation 
of a national ambient air quality standard but 
which would not cause a new violation. 

(b) For the purpose of this Rule the definitions 
contained in Section II. A. of Appendix S of 40 
CFR Part 51 shall apply. 

(c) The Rule is not applicable to: 

(1) complex sources of air pollution that 
are regulated only under Section .0800 
of this Subchapter and not under any 
other rule of this Subchapter; 

(2) emission of pollutants for which the 
area in which the new or modified 
source is located is designated as 
nonattainment; 

(3) emission of pollutants for which the 
source or modification is not major; 

(4) emission of pollutants other than sulfur 
dioxide, total suspended particulates, 
nitrogen oxides, and carbon monoxide; 

(5) a new or modified source whose impact 
will increase not more than: 

(A) 1 .0 ug/m 3 of S0 2 on an annual basis, 

(B) 5 ug/m 3 of S0 2 on a 24-hour basis, 

(C) 25 ug/m 3 of SO, on a 3-hour basis, 

(D) 1.0 ug/m 3 of total suspended 
particulates on an annual basis, 

(E) 5 ug/m 3 of total suspended 
particulates on a 24-hour basis, 

(F) 1 .0 ug/m 3 of NO, on an annual basis, 

(G) 0.5 mg/m 3 of carbon monoxide on an 
8-hour basis, 

(H) 2 mg/m 3 of carbon dioxide monoxide 

on a one-hour basis, 
(I) 1.0 ug/m 3 of PM10 on an annual 

basis, or 
(J) 5 ug/m 3 of PM10 on a 24-hour basis, 

at any locality that does not meet a 

national ambient air quality standard; 

(6) sources which are not major unless 
secondary emissions are included in 
calculating the potential to emit; 

(7) sources which are exempted by the 
provision in Section II. F. of Appendix 
S of 40 CFR Part 51; 

(8) temporary emission sources which will 
be relocated within two years; and 

(9) emissions resulting from the 
construction phase of the source. 



2259 



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PROPOSED RULES 



(d) Paragraphs (a) and (b) of 15A NCAC 2H 
t06©4- ±5A NCAC 2Q .0102 and .0302 are not 
applicable to any source to which this Rule 
applies. The owner or operator of the source shall 
apply for and receive a permit as required in 
Paragraph (c) of 15A NCAC 2H .0601 15A 
NCAC 2Q .0300 or .0500 . 

(e) To issue a permit to a new or modified 
source to which this Rule applies, the Director 
shall determine that the source will meet the 
following conditions: 

(1) The sources will emit the nonattainment 
pollutant at a rate no more than the 
lowest achievable emission rate. 

(2) The owner or operator of the proposed 
new or modified source has 
demonstrated that all major stationary 
sources in the State which are owned or 
operated by this person (or any entity 
controlling, controlled by, or under 
common control with this person) are 
subject to emission limitations and are 
in compliance, or on a schedule for 
compliance which is federally 
enforceable or contained in a court 
decree, with all applicable emission 
limitations and standards of this 
Subchapter which EPA has authority to 
approve as elements of the North 
Carolina State Implementation Plan for 
Air Quality. 

(3) The source will satisfy one of the 
following conditions: 

(A) The source will comply with Part 
(e)(3) of Rule .0531 of this Section 
when the source is evaluated as if it 
were in the nonattainment area; or 

(B) The source will have an air quality 
offset, i.e., the applicant will have 
caused an air quality improvement in 
the locality where the national 
ambient air quality standard is not met 
by causing reductions in impacts of 
other sources greater than any 
additional impact caused by the 
source for which the application is 
being made. The emissions reductions 
creating the air quality offset shall be 
placed as a condition in the permit for 
the source reducing emissions. The 
requirements of this Part may be 
partially waived if the source is a 
resource recovery facility burning 
municipal solid waste, the source 
must switch fuels due to lack of 



adequate fuel supplies, or the source 

is required to be modified as a result 

of EPA regulations and no exemption 

from such regulations is available and 

if: 

(i) the permit applicant demonstrates 

that it made its best efforts to 

obtain sufficient air quality offsets 

to comply with this Part; 

(ii) the applicant has secured all 

available air quality offsets; and 
(iii) the applicant will continue to seek 
the necessary air quality offsets 
and apply them when they become 
available. 

(f) At such time that a particular source or 
modification becomes a major stationary source or 
major modification solely by virtue of a relaxation 
in any enforceable limitation established after 
August 7, 1980, on the capacity of the source or 
modification to emit a pollutant, such as a 
restriction on hours of operation, then the 
provisions of this Rule shall apply to the source or 
modification as though construction had not yet 
begun on the source or modification. 

(g) The version of the Code of Federal 
Regulations incorporated in this Rule is that as of 
January 1, 1989, and does not include any 
subsequent amendments or additions editions to the 
referenced material. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(5); 143-215. 108(b); 150B-21. 6. 

.0533 STACK HEIGHT 

(a) For the purpose of this Regulation Rule , the 
following definitions apply: 

(1) "Stack" means any point in a source 
designed to emit solids, liquids, or 
gases into the air, including a pipe or 
duct but not including flares. 

(2) "A stack in existence" means that the 
owner or operator had: 

(A) begun, or caused to begin, a 
continuous program of physical 
on-site construction of the stack; or 

(B) enter entered into binding agreements 
or contractual obligations, which 
could not be cancelled or modified 
without substantial loss to the owner 
or operator, to undertake a program 
of construction of the stack to be 
completed in a reasonable time the 
time that is normally required to 
construct such a stack. 



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2260 



PROPOSED RULES 



(3) "Dispersion technique" 

(A) "Dispersion technique" means any 
technique which attempts to affect the 
concentration of a pollutant in the 
ambient air by: 

(i) using that portion of a stack 
which exceeds good engineering 
practice stack height, 

(ii) varying the rate of emission of a 
pollutant according to atmospheric 
conditions or ambient 
concentrations of that pollutant, or 

(iii) increasing final exhaust gas plume 
rise by manipulating source 
process parameters, exhaust gas 
parameters, stack parameters, or 
combining exhaust gases from 
several existing stacks into one 
stack: or other selective handling 
of exhaust gas streams so as to 
increase the exhaust gas plume 
rise. 

(B) "Dispersion technique" does not 
include: 

(i) the reheating of a gas stream, 
following use of a pollution 
control system, for the purpose of 
returning the gas to the 
temperature at which it was 
originally discharged from the 
facility generating the gas stream; 

(ii) the using of smoke management 
in agricultural or silvicultural 
prescribed burning programs: 

(iii) the merging of exhaust gas 
streams where: 

(I) The facility owner or operator 
demonstrates that the source 
was originally designed and 
constructed with such merged 
gas streams; 

(II) After July 8. 1985, such 
merging is part of a change in 
operation at the facility that 
includes the installation of 
pollution controls and is 
accompanied by a net 
reduction in the allowable 
emissions of a pollutant. This 
exclusion from the definition 
of "dispersion techniques" 
shall apply only to the 
emission limitation for the 
pollutant affected by such 
change in operation; or 



(III) Before July 8, 1985, such 

merging was part of a change 

in operation at the source that 

included the installation of 

emissions control equipment or 

was carried out for sound 

economic or engineering 

reasons. Where there was an 

increase in the emission 

limitation or in the event that 

no emission limitation was in 

existence prior to the merging, 

an increase in the quantity of 

pollutants actually emitted 

prior to the merging, the 

director Director shall presume 

that merging was significantly 

motivated by an intent to gain 

emissions credit for greater 

dispersion. Absent a 

demonstration by the source 

owner or operator that 

merging was not significantly 

motivated by such intent, the 

director Director shall deny 

credit for the effects of such 

merging in calculating the 

allowable emissions for the 

source; 

(iv) Episodic restrictions on residential 

woodburning and open burning 

or; 

(v) Techniques under Subpart (A)(iii) 

of this Subparagraph which 

increase final exhaust gas plume 

rise where the resulting allowable 

emissions of sulfur dioxide from 

the facility do not exceed 5.000 

tons per year. 

(4) "Good engineering practice (GEP) stack 

height" means the greater of: 

(A) 65 meters measured from the 
ground-level elevation at the base of 
the stack; 

(B) 2.5 times the height of nearby 
structure(s) measured from the 
ground-level elevation at the base of 
the stack for stacks in existence on 
January 12, 1979 and for which the 
owner or operator had obtained all 
applicable permit or approvals 
required under 15 NCAC 2H .0600 
15A NCAC 20. and 40 CFR Parts 5 1 
and 52, provided the owner or 
operator produces evidence that this 



2261 



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PROPOSED RULES 



equation was actually relied on in 
establishing an emission limitation; 

(C) for stacks not covered under Part (B) 
of this Subparagraph, the height of 
nearby structure(s) measured from the 
ground-level elevation at the base of 
the stack plus 1.5 times the lesser 
dimension (height or projected width) 
of nearby structure(s) provided that 
the director Director may require the 
use of a field study or fluid model to 
verify GEP stack height for the 
source; or 

(D) the height demonstrated by a fluid 
model or a field study approved by 
the director Director , which ensures 
that the emissions from a stack do not 
result in excessive concentrations of 
any air pollutant as a result of 
atmospheric downwash, wakes, or 
eddy effects created by the source 
itself, nearby structures or nearby 
terrain features. 

(5) "Nearby" means, for a specific 
structure or terrain feature: 

(A) under Parts (4)(B) and (C) of this 
Paragraph, that distance up to five 
times the lesser of the height or the 
width dimension of a structure but not 
greater than one-half mile. The 
height of the structure is measured 
from the ground-level elevation at the 
base of the stack. 

(B) under Part (4)(D) of this Paragraph, 
not greater than one-half mile, except 
that the portion of a terrain feature 
may be considered to be nearby which 
falls within a distance of up to 10 
times the maximum height [HJ of the 
feature, not to exceed two miles if 
such feature achieves a height [h,] 
one-half mile from the stack that is at 
least 40 percent of the GEP stack 
height determined by Part (4)(C) of 
this Paragraph or 26 meters, 
whichever is greater, as measured 
from the ground-level elevation at the 
base of the stack. The height of the 
structure or terrain feature is 
measured from the ground-level 
elevation at the base of the stack. 

(6) "Excessive concentrations" means, for 
the purpose of determining good 
engineering practice stack height under 
Part (4)(D) of this Paragraph: 



(A) for sources seeking credit for stack 
height exceeding that established 
under Part (4)(B) or (C) of this 
Paragraph, a maximum ground-level 
concentration due to emissions from a 
stack due in whole or part to 
downwash, wakes, and eddy effects 
produced by nearby structures or 
nearby terrain features which 
individually is at least 40 percent in 
excess of the maximum concentration 
experienced in the absence of such 
downwash, wakes, or eddy effects 
and which contributes to a total 
concentration due to emissions from 
all sources that is greater than an 
ambient air quality standard. For 
sources subject to Regulation Rule 
.0530 of this Section, an excessive 
concentration alternatively means a 
maximum ground-level concentration 
due to emissions from a stack due in 
whole or part to downwash, wakes, or 
eddy effects produced by nearby 
structures or nearby terrain features 
which individually is at least 40 
percent in excess of the maximum 
concentration experienced in the 
absence of such downwash , wakes, or 
eddy effects and greater than a 
prevention of significant deterioration 
increment. The allowable emission 
rate to be used in making 
demonstrations under this part shall 
be prescribed by the new source 
performance standard that is 
applicable to the source category 
unless the owner or operator 
demonstrates that this emission rate is 
infeasible. Where such demonstrations 
are approved by the director Director , 
an alternative emission rate shall be 
established in consultation with the 
source owner or operator; 

(B) for sources seeking credit after 
October 11, 1983, for increases in 
existing stack heights up to the 
heights established under Part (4)(B) 
or (C) of this Paragraph: 

(i) a maximum ground-level 
concentration due in whole or part 
to downwash, wakes or eddy 
effects as provided in Part (A) of 
this Subparagraph, except that the 
emission rate specified by any 



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2262 



PROPOSED RULES 



applicable Regulation Rule in this 

Subchapter (or, in the absence of 

such a limit, the actual emission 

rate) shall be used, or 

(ii) the actual presence of a local 

nuisance (odor, visibility 

impairment, or pollutant 

concentration) caused by the 

existing stack, as determined by 

the director Director ; and 

(C) for sources seeking credit after 

January 12, 1979, for a stack height 

determined under Part (4)(B) or (C) 

of this Paragraph where the director 

Director requires the use of a field 

study or fluid model to verify GEP 

stack height, for sources seeking stack 

height credit after November 9, 1984 

based on the aerodynamic influence of 

cooling towers, and for sources 

seeking stack height credit after 

December 31, 1970 based on the 

aerodynamic influence of structures 

not adequately represented by Part 

(4)(B) or (C) of this Paragraph, a 

maximum ground-level concentration 

due in whole or part to downwash, 

wakes, or eddy effects that is at least 

40 percent in excess of the maximum 

concentration experienced in the 

absence of such downwash, wakes, or 

eddy effects. 

(7) "Emission limitation" means a 

requirement established by this 

Subchapter or a local air quality 

program certified by the Commission 

that limits the quantity, rate, or 

concentration of emissions of air 

pollutants on a continuous basis, 

including any requirements that limit 

the level of opacity, prescribe 

equipment, set fuel specifications, or 

prescribe operation or maintenance 

procedures for a source to assure 

continuous emission reduction. 

(b) With the exception stated in Paragraphs (c) 
and (d) of this Rule, the degree of emission 
limitations required by any r e gulation rule in this 
Subchapter shall not be affected by: 

( 1 ) that amount of a stack height that 
exceeds good engineering practice; or 

(2) any other dispersion technique. 

(c) Paragraph (b) shall not apply to: 

( 1 ) stack heights in existence or dispersion 
techniques implemented before 



December 31, 1970, except where 

pollutants are being emitted from such 

stacks or using such dispersion 

techniques by sources, as defined in 

Section 1 1 1(a)(3) of the Clean Air Act. 

which were constructed, or 

reconstructed, or for which major 

modifications, as defined in Regulations 

Rules .0530(b) and .0531(b) of this 

Section were carried out after 

December 31, 1970; or 

(2) coal-fired steam electric generating 

units, subject to provisions of Section 

1 18 of the federal Clean Air Act, which 

began operation before July 1, 1957, 

and whose stacks were constructed 

under a construction contract awarded 

before February 8, 1974. 

However, these exemptions shall not apply to a 

new stack that replaces a stack that is exempted by 

Subparagraphs (1) and (2) of this Paragraph. 

These exemptions shall not apply to a new source 

using a stack that is exempted by Subparagraphs 

(1) and (2) of this Paragraph. 

(d) This Regulation Rule shall not restrict the 
actual stack height of any source. 

Statutory Authority G.S. 143-215. 3(a)(1). 

SECTION ,0600 - AIR POLLUTANTS: 
MONITORING: REPORTING 

.0601 PURPOSE AND SCOPE 

(a) The purpose of this Section is to set forth the 
requirements of the commi ss ion Commission 
relating to monitoring air pollution emissions and 
filing reports covering their discharge into the 
outdoor atmosphere of the state. 

(b) This Section shall apply to all persons 
subject to the provisions of Section 15 NCAC 2H 
t06Q9 15A NCAC 20. 

(c) Monitoring may also be required by other 
regulations rules including .0524 and .0525 of this 
Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1). 

SECTION .0800 - COMPLEX SOURCES 

.0801 PURPOSE AND SCOPE 

(a) The purpose of this Section is to set forth 
requirements of the commission Commission 
relating to construction or modification of a 
transportation facility^ — building. — s tructure, — ef 
installation — ef — combination — thereof which may 



2263 



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PROPOSED RULES 



result in violation — ef an ambient air quality 
standard s standard being exceeded , 

(b) For purposes of this Section any 
transportation facility which on November 15, 
1973, that was under construction , or i s being 
installed, or is was the subject of a contract for 
construction-; — in s tallation or purchase, prior to 
November 15, 1973, shall not be considered to be 
a new air pollution source. 

(c) Approval to construct or modify an indirect 
a transportation facility source shall not relieve any 
owner or developer of the transportation facility 
operator of the responsibility to comply with the 
state control strategy and all local and state 
regulations which are part of the North Carolina 
State Implementation Plan for Air Quality. 



Statutory Authority G. S. 
143-215. 109. 



143-215. 3(a)(1); 



.0802 DEFINITIONS 

For the purposes of this Section, the following 
definitions apply: 



ill 



"Construction" means any activity 



following land clearing or grading that 
engages in a program of construction 
specifically designed for a transportation 
facility in preparation for the fabrication, 
erection, or installation of the building 
components associated with the 
transportation facility, e.g. curbing, 
footings, conduit, paving, etc. 

(2) "Modify" or "modification" means to 
alter or change the facility resulting in an 
increase in parking capacity as defined in 
Rule .0805 of this Section or the number 
of aircraft operations from an airport as 
defined in Rule .0804 of this Section. 

(3) "Owner or developer" means any person 
who owns, leases, develops, or controls 
a transportation facility. 

(4) "Transportation facility" means a 
complex source as defined in G.S. 
143-213(22) which is subject to the 
requirements of this Section. 

{a} — A person shall not construct or modify any 
facility which result in: 

fB open parking lots, including shopping 

center — let*; — having — 1,500 — er- — more 
vehicle — capacity, — and — parking — decks, 
including shopping center decks and 
parking — garages, — having capacity — fer 
750 or more vehicles; 

f2) subdivisions, — housing — developments, 

apartment complexes, and trailer courts 



having 500 or more unit3 resulting in a 
population density of 7,6 8 p e r s quare 
mile (12 persons per acre) or more; 

(3) s tadium s and sports arena s having a 

seating capacity of 25,000 or more or 
8 ,000 vehicle parking spaces or more; 

{4} drive in theaters having 700 or more 

parking spaces; or 

(5) amusement parks and recreation areas 

de s igned to serve 25,000 person s per 

day — or — more, — er — to — accommodate 

parking of 8,000 vehicles or more; until 

be — has — applied — fef — and — received — a 

permit from the Commi ss ion, and has 

complied with any and all terms and 

conditions therein. 

{b) — All applications for permits to construct or 

modify a complex s ource shall be made on forms 

provided by the Commission. The Commi ss ion 

may require th e owner of the s ource to conduct air 

quality monitoring and perform dispersion and 

diffu s ion analy s is to predict impact of propo s ed 

construction or modification on air quality. 

(e) Before — the — Commission — approves — ef 

disapproves the construction or modification of any 
complex s ource, the information submitted by the 
owner or operator, a s well a s the agency' s analy s i s 
of the effect on ambient air quality (including the 
agency's — preliminary — approval — or disapproval), 
shall be made available for public in s pection in at 
least one location in the region affected. — This 
shall be accomplished by publishing a notice by 
prominent advertisement in the region affected. A 
30 day period for submittal of public comment 
shall be allowed. 

i4j — The Commission shall not approve any 
application for a permit which would: 

^) interfere — with — the — attainment — er 

maintenance of any ambient air quality 
standard, or 

(2-) result in violation of applicable portions 

ef- — tfte — implementation — pkm — control 
s trategy. 

Statutory Authority G.S. 143-213; 143-215. 3(a)(1); 
143-215. 109. 



.0803 HIGHWAY PROJECTS 

Assessments Environmental 



assessments 



regarding highway projects witt shall be reviewed 
in accordance with the National Environmental 
Policy Act and the North Carolina Environmental 
Policy Act. If there is no assessment, or if an 
assessment fail s to complement the purpose of this 
Regulation due to negative declaration, improper 



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2264 



PROPOSED RULES 



addre ss — te — the — ak= — problem, insufficient 

information, or failure in abatement proceedings if 
an assessment shows that there may be a problem 
in complying with an ambient air quality standard , 
or if the environmental impact assessment fails to 
show that the highway project will not result in 
violations of applicable portions of the control 
strategy, and will not interfere with attainment or 
maintenance of a national standard, then the 
following regulatory provisions shall apply: 

( 1 ) A person shall not construct or modify 
any highway if that highway will result in 
a contravention of ambient air quality 
standards; 

(2) Before construction or modification of 
modifying any highway with an expected 
maximum traffic volume of 2,000 
vehicles per hour or more within 10 
years, a person shall apply for and have 
received a permit as described in 15A 
NCAC 20 .0600 Paragraphs (b), (c), and 
(d) of Regulation .0802 of this Section , 
and shall comply with any terms and 
conditions therein. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 109. 

.0804 AIRPORT FACILITIES 

Before constructing or modifying any airport 
facility expected designed to have at least 100,000 
or more annual aircraft operations, or at least 45 
ef — more peak-hour aircraft operations (one 
operation equals one takeoff, or one landing) 
within 10 years , a person the owner or developer 
of the airport facility shall apply for and have 
received a permit as described in Paragraph s (b), 
(c), and (d) of Regulation .0802 of thi s Section 
15A NCAC 2Q_ .0600 , and shall comply with any 
and all terms and conditions therein. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 109. 

.0805 PARKING FACILITIES 

(a) The owner or developer of a transportation 
facility shall not construct or modify a parking 
area until he has applied for and received a permit 
under 15A NCAC 2Q_ .0600 where the parking 
area is for: 

(1) construction of a new or expansion of 
an existing parking lot or combination 
of parking lots resulting m a parking 
capacity of at least 1500 spaces or a 
potential open parking area of at least 



450,000 square feet (1500 spaces at 300 
square feet per stall); 

(2) modification of an existing parking lot 
or combination of parking lots with a 
parking capacity of at least 1500 spaces 
that will be expanded by at least 500 
spaces beyond the last permitted 
number of spaces; 

(3) construction of a new or expansion of 
an existing parking deck or garage 
resulting in a parking capacity of at 
least 750 spaces or a potential parking 
area of at least 225,000 square feet 
(750 spaces at 300 square feet per 
stall); 

(4) modification of an existing parking 
deck or garage with a parking capacity 
of at least 750 spaces that will be 
expanded by at least 250 spaces beyond 
the last permitted number of spaces; 

(5) construction of a new or expansion of 
an existing combination of parking lots, 
decks, and garages resulting in a 
parking capacity of at least 1000 spaces 
or a potential parking area of at least 
300,000 square feet; or 

(6) modification of an existing combination 
of parking lots, decks, and garages with 
a parking capacity of at least 1000 
spaces that will be expanded by at least 
500 spaces beyond the last permitted 
number of spaces. 

(b) Parking lots, decks, or garages that are 
connected such that a person may drive from one 
to another without having to travel on a public 
street or road shall be considered one lot or deck. 
Parking lots, decks, or garages of common 
ownership separated by a public street or road but 
within 150 feet of one another and with no existing 
physical barrier (e.g. buildings, terrain, etc.) will 
be considered one facility for permit and modeling 
purposes. 

(c) Temporary barriers shall not be used to 
reduce the capacity of an otherwise affected 
transportation facility to less than the amount 
which requires permitting. The design and plan 
shall clearly show the total parking capacity. 

(d) Phased construction shall be evaluated and 
permitted for a period not to exceed five years 
from the date of application. 



Statutory Authority 
143-215. 109. 



G.S. 143-215. 3(a)(1): 



.0806 AMBIENT MONITORING AND 



2265 



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PROPOSED RULES 



MODELING ANALYSIS 

(a) The Director may require the owner or 
developer of a transportation facility subject to the 
requirements of this Section to conduct ambient air 
quality monitoring if dispersion modeling, traffic 
analysis, or other ambient air quality monitoring 
data indicates that there is a potential for the 
ambient air quality standard for carbon monoxide 
to be exceeded. If ambient air quality monitoring 
is required, the permit shall specify the duration of 
such monitoring. 

(b) The Director may require the owner or 
developer of a transportation facility subject to the 
requirements of this Section to perform dispersion 
modeling analyses to predict the impact of 
proposed construction or modification of a 
transportation facility on ambient air quality if 
ambient air quality monitoring, traffic analysis, or 
other dispersion modeling analysis indicates that 
there is a potential for the ambient air quality 
standard for carbon monoxide to be exceeded. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 66; 143-215. 109. 

SECTION .1100 - CONTROL OF TOXIC 
AIR POLLUTANTS 

.1109 CASE-BY-CASE MAXIMUM 
ACHIEVABLE CONTROL 
TECHNOLOGY 

(a) This Rule applies only to sources of 
hazardous air pollutants required to have a permit 
under 15A NCAC 2Q .0500. 

(b) This Rule shall apply only after it and 15A 
NCAC 2Q .0500 have been approved by the EPA, 
except that the requirements of Paragraph (d) of 
this Rule shall not apply before May 15, 1994. 

(c) For the purposes of this Rule the following 
definitions apply: 

(1) "EPA" means the United States 
Environmental Protection Agency or 
the Administrator of U.S. 
Environmental Protection Agency. 

(2) "Hazardous air pollutant" means any 
pollutant listed under Section 1 12(b) of 
the federal Clean Air Act. 

(3) "MACT" means maximum achievable 
control technology. 

(4) "Maximum achievable control 
technology" means: 

(A) for existing sources, 

(11 a MACT standard that EPA has 
proposed or promulgated for a 
particular category of facility or 



source. 
(ii) the average emission limitation 
achieved by the best performing 
12 percent of the existing facilities 
or sources for which EPA has 
information if the 
of source 
or 



emissions 



(iii) 



m 



particular category 

contains 30 or more sources _ 

the average emission limitation 

achieved by the best performing 

five facilities or sources for which 

EPA has emissions information if 

the particular category of source 

contains fewer than 30 sources, or 

for new sources, the maximum degree 

of reduction in emissions that is 

deemed achievable but not less 

stringent than the emission control 

that is achieved in practice by the best 

controlled similar source. 

(5) "Modification" means any physical 

change in, or change in the method of 

operation of, a facility which increases 

the actual emissions of any hazardous 

air pollutant emitted by that facility by 

more than a de minimis amount 

specified in 40 CFR Part 63 or which 

results in the emissions of any 

hazardous air pollutant not previously 

emitted by that facility by more than a 

de minimis amount specified in 40 CFR 

Part 63. 

(d) If EPA fails to promulgate a standard for a 
category of source under Section 1 12 of the federal 
Clean Air Act by the date established pursuant to 
Sections 1 12(e)(1) and (3) of the federal Clean Air 
Act, the owner or operator of any source in such 
category shall submit, within 18 months after such 
date, a permit application to the Director to apply 
MACT to such sources. Sources subject to this 
Paragraph shall be in compliance with this Rule 
within three years from the date that the permit is 
issued. 

(e) The owner or operator of an existing facility 
shall apply MACT to all sources m that facility 
that are modified or involved in a modification. 
MACT for new sources shall be a pplied to sources 
at an existing facility that is constructed or 
reconstructed. 

(f) The owner or operator of any new facility 
shall apply MACT to the new facility before 
beginning operation. 

Saturn- Aidwrity GS 143-21 5. 3(aXV; 143-215. 107(a)(5),(10). 



8:23 



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March 1, 1994 



2266 



PROPOSED RULES 



SUBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVAL 

SECTION .0600 - AIR QUALITY PERMITS 

.0601 PURPOSE AND SCOPE 

fa) — The following source s or activities arc not 
likely to contravene any applicable ambient air 
quality or emission control standard, and therefore, 
are not required to obtain a permit: 

(4-) air conditioning or comfort ventilation 

systems — which — de — net — tran s port, 

remove, ef exhaust product ef 

byproduct to the atmosphere; 

(3) combustion — sources — se rving — heating 

systems which provide comfort heat for 
residences; 

used for chemical 



m- 

(4>- 



<**- 



laboratory equipment 
or physical analysis; 



nonstationary internal combustion 

engines and vehicles; 

equipment which emits only nitrogen, 

oxygen, — carbon — dioxide, — ef — water 

vapor; 
{6} maintenance — ef — repair — ©f- — existing 

equipment that does not result in an 

increas e — te — the — emi ss ion — of- — mr 

pollutants; 
£7) replacement of existing equipment with 

like equipment of same size, type, and 

function that does — net — re s ult — in an 



-B&- 



lncrcase — te — we — emiss i on — ef — aw 
pollutants and that is described by the 

current permit, including the 

application, — except — for characteristics 
that could not affect pollution control, 
for example, serial numbers; 
s mudge — pets — fef — orchards — ef — small 
outdoor — heating — devices — te — prevent 
freezing of plants; 

{9} f-aei burning equipment firing 

exclusively gaseou s fuel with th e total 
heat input rating of 250 million BTU 
per hour or less; 

f+0) f-uei burning equipment firing 

exclu s ively No. 1 or No. 2 fuel oil with 
the total heat input rating of 100 million 
BTU per hour or less; 

fl-B fuel burning equipment firing a mixture 

of ga s eou s fuel. No. 1 fuel oil or No. 2 
fuel oil, in any proportion, with the 
total heat input rating of 100 million 
BTU per hour or less; 

f43) &fty incinerator covered under 

Paragraph (d) of 15A NCAC 2D .1201. 



ibj The — owner — ef — operator of any — source 

required to have a permit may request the Director 
to exempt the source from — having to have a 
permit. — The request shall be in writing. — Along 
with the request, — the owner or operator shall 
submit supporting documentation to show that air 
quality and emis s ion control standards will not be, 

fief — afe — likely — te — be-, — contravened. If the 

documentation shows to the satisfaction of the 
Director that air quality and emission control 
standards — w+H — net — be; — nef — afe — likely — te — ber 
contravened, a permit s hall not be required. 

(e) — The owner or operator of all sources for 
which there i s an ambient air quality or emission 
control standard that is not exempted by Paragraph 

(a) or (b) of this Rule shall apply for a permit. 
The owner or operator of a source required to 
have a permit shall — not begin constructing or 
operating the source — if it i s a new source or 
modify the source — if it — is — an existing — source 
without fir s t obtaining a permit. 

{4) — Any person who constructs or modifie s a 
complex source subject to 15A NCAC 2D .0800 
s hall obtain a permit in accordance with Rules 
.0602 through .0609 of this Section. If the source 
i s excepted in 15A NCAC 2D .0800, a permit 
shall not be required. 

{ej — Any exemption allowed by Paragraph (a) or 

(b) of this Rule docs not apply to sources subject 
to 15A NCAC 2D .0524, .0525, or .0530. The 
owner or operator of these sources shall obtain a 
permit before beginning construction or operation. 



Statutory Authority G. S. 
143-215.108; 143-215.109. 



143-215. 3(a)(1); 



.0602 DEFINITIONS 

Unless the context otherwise requires, the terms 
used in this Section shall be used as defined in 
G.S. 1 4 3 213 and as follows: 



<+H 



"Director" — means the Director of the 
Division of Environmental Management. 



(3} "Plan3 — aftd — Specifications" — means — the 

completed application (AQ 22 or AQ 81) 
and any — other documents — required to 
define the operating condition s of the air 
pollution source. 

{4) "To Alter or Change" means to modify 

equipment — ef — processes — ef- — existing 

facilities. This — includes — equipment 

addition s , deletions, adju s tments, and/or 
operational — practices — which — increase 
emission s or affect the compliance s tatu s 
of the equipment or process. 

f+) "Source" means the origin of emis s ion of 



2267 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



&- 



<&- 



an air pollutant. 

"Staff" means the air quality section, 

Division of Environmental Management, 

or its successor, 

"Maximum feasible control" means the 

maximum degree of reduction for each 

pollutant — subject to — regulation — m — this 

Section using the best technology that is 

available — talcing — mte — account, — en— a 

case — b-y — case — basis, energy, 

environmental, and economic impacts and 
other costs. 



Statutory Authority G.S. 143-213; 143-215. 3(a)(1). 

.0603 APPLICATIONS 

(a) Permit — applications — sflaH — be — made — kt 

duplicate on official forms of the Director and 
s hall include plans and s pecifications giving all 
necessary data and information as required by the 
application form. These application forms shall be 
used: air contaminant sources Form AQ 22, and 
complex sources Form AQ 81. These forms may 
be obtained by writing to the address in Paragraph 

fb) — of this — Rule. Whenever the — information 

provided — efl — these — forms — docs — net — adequately 
describe the source and its air pollution abatement 
equipment, — the Director may request that the 
applicant provide any other information that the 
Director considers necessary to evaluate the source 
and its air pollution abatement equipment. 

(b) A permit or permit renewal application shall 
be filed in writing with the Director, Division of 

Environmental Management, Department of 

Environment, Health, and Natural Resources, P.O. 
Box 29535, Raleigh, North Carolina 27626 0535. 
Application — fef — permit — renewal — er — ownership 
transfer may be by letter to the Director, if no 
alteration or modification has been mad e to the 



refundable 



originally permitted source. A non refundable 

permit application proce ss ing fee shall accompany 



eaeh — application. 



The — permit — application 



proce s sing fee rates arc in Rule — .0609 of this 
Section. — Each permit or renewal application is 
incomplete until the permit application processing 
fee is received. 

fe) — Before acting on any permit application, the 
Director may request any information from an 
applicant and conduct any inquiry or investigation 
that — be — considers — necessary — and — require — the 
submission of plans and s pecifications. 
{4j — Before issuing any permit for: 

fH a source to which 15A NCAC 2D 

.0530 or .0531 applie s , 
f2) a source whose emis s ion limitation is 



based on a good engineering practice 
stack height that exceeds the height 

defined fn 1-SA NCAC 3rD 

.0533(a)( 4 )(A), (B), or (C), 

f£) a — requirement — fef — controls — more 

stringent than the applicable emission 
standards in 15A NCAC 2D .0500 in 
accordance with 15A NCAC 2D .0501. 
©f 

f4) any other source that may be designated 

by the — Director based on significant 
public interest, 
the — information — s ubmitted — by — the — owner — er 
operator, as well as the agency's analysis of the 
effect — efl — ambient — mr — quality, — sftaH — be — made 
available — for public inspection — in at lea s t — ene 

location in the region affected. This shall be 

accomplished by publi s hing in the region affected 
a notice by prominent advertisement which shall 
provide a 30 day period for submittal of public 
comment and an opportunity for a public hearing 
request. Confidential material will be handled in 
accordance with G.S. 1 4 3 215.3(a)(2). 

fe) — A public hearing s hall be held before the 
issuance of any permit containing any one of these 
conditions: 

fT) any physical or operational limitation 

on the capacity of the source to emit a 
pollutant, including air pollution control 
equipment and restrictions on hours of 
operation or on the type or amount of 

material combusted, stored, ef 

processed, when such limitations are 
necessary to assure that rules in 15A 
NCAC 2D .0900 do not apply in 
accordance with 15A NCAC 2D .0901 
and .0902; 

f2} an allowance of control s different than 

the applicable emission s tandards in 
15A NCAC 2D .0900 in accordance 
with 15A NCAC 2D .0952; 

Qj afl alternate compliance schedule 

promulgated in accordance with — 1-SA 
NCAC 2D .0910; 

f4) the quantity of s olvent borne ink that 

may be u s ed by a printing unit or 
printing — systems — i-n — accordance — wtth 
15A NCAC 2D .0936; or 

iSj an allowance of a particulate emission 

rate of 0.08 grains per dry standard 
cubic foot for incinerators constructed 
before July 1, 1987, in accordance with 
15A NCAC 2D .1205(b)(2). 
The public hearing shall be preceded by a 30 day 
period of public notice during which the agency's 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2268 



PROPOSED RULES 



analy s is and draft permit shall be available for 
public in s pection in the appropriate regional office. 
If and when a permit containing these conditions is 
issued, it will become a part of the North Carolina 
State Implementation Plan for Air Quality (SIP) as 
an appendix available for in s pection at Department 
of Environment, Health, and Natural Resources 
regional offices. — The permit will be submitted to 
the — hk&. — Environmental — Protection Agency for 
inclusion as part of the federally approved s tate 
implementation plan. 

(f) In a permit application for an alternative mix 
of controls under 15A NCAC 2D .0501(f), the 
owner or operator of the facility shall demonstrate 
to the satisfaction of the Director that the proposal 
is equivalent to the existing requirements of the 
S*P — m — total — allowed — emissions, — enforceability, 
reliability, and environmental impact. 



t++- 



With the exception stated m 

Subparagraph (2) of this Paragraph, a 
public hearing shall be held before any 
permit containing alternative emission 

limitation s — is — issued. The — public 

hearing s hall be preceded by a 30 day 
period of public notice during which the 
agency's analysis and draft permit shall 
be available for public inspection and 
comment — m — the appropriate — regional 
office. — If and when a permit containing 
these — conditions — ts — issued. — it — wtH- 
b e come — a — part — ef- — the — SH> — as — aa 
appendix available for inspection at the 
department's regional office s . Until 



tee 



U.S. — Environmental — Protection 



-the — Stf> 



Agency — (EPA) — approves — me- 

revi s ion embodying the permit 

containing — eta — alternative — m+* — ef 
control s , the facility shall continue to 
meet the otherwise applicable existing 

SIP requirements. The revision will 

be approved by EPA on the basis of the 

revision's consistency with EPA's 

"Policy fef Alternative Emission 

Reduction Options Within State 

Implementation Plans" as promulgated 
in the Federal — Register of December 
11, 1979, pages "ll 780 717 88 . and 
subsequent rulings. 

f2-) The permit applicant(s) may choo s e to 

provide a written acknowledgment that 
the emission rate limitation s or control 
techniques allowed under an alternative 
mix of controls involving only volatile 

organic compound s ar-e f u 1 1 y 

enforceable by EPA as a part of the SIP 



and — may — be — enforced — pursuant — te 
Section 30 4 (a) of the federal Clean Air 
Ash — The acknowledgment shall also 
bind the source owner's successors. — tf 
the acknowledgment is provided to the 
Director, — the — Director will — promptly 
transmit to EPA a copy of the permit 
application. — Before the Director issues 
the permit, — there shall — be a — 30 day 
period of public notice during which the 
agency's analysis and draft permit shall 
be available for public inspection and 
comment — in the appropriate — regional 

office. If and when such permit is 

issued, — the — Director — wtH — promptly 
tran s mit a copy to EPA. — The owner or 
operator — ef- — a — s ource — located — m — a 
nonattainment — afea — fef — ozone — as 

designated by the Environmental 

Protection Agency may not initiate the 
use of this option after November 30, 
1989; he shall follow the procedures set 
eat — tft — Subparagraph — fT) — ef- — this 
Paragraph. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108; 143-215. 109. 

.0604 FINAL ACTION ON PERMIT 
APPLICATIONS 

fa) — The Director may: 

{+) issue a permit or a renewal containing 

the conditions necessary to carry out 
the — purposes — of G.S. — Chapter — ±43-, 
Article 21B; 



m- 



modify — ef — revoke — aay — permit — upon 
giving 60 days notice to the person 
affected; 

hVj deny — a — permit — application — when 

necessary to carry out the purpo s e s of 

G.S. Chapter 1 4 3. Article 21B. 

{&) — Any person whose application for a permit 

or renewal — is denied or is granted subject to 

conditions which arc unacceptable to him or whose 

permit is modified or revoked shall have the right 

to a hearing. The per s on will — have — 30 days 

following the notice of the Director's deci s ion on 
the application in which to request the hearing. 



Statutory Authority G.S. 
143-215.109; 143-21 5. 3(a)(1). 



143-215.108; 



.0605 ISSUANCE: REVOCATION: AND 
ENFORCEMENT OF PERMITS 

(a) — Permits shall be is s ued or renewed for a 



2269 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



period — of time — con s idered — reasonable — by — the 
Director, but period s hall not exceed five year s . 

{b} — Any permit or permit renewal is s ued under 
this Regulation may be revoked or modified if: 

fl-) the — information — contained — m — the 

application — ef — presented — m — support 
thereof is determined to be incorrect, 

(3) the conditions under which the permit 

or permit — renewal — was granted have 
changed, or 

0) violations of conditions contained in the 

permit have occurred, or 

{4) the permit holder fails to pay the annual 

administering a-n-d compliance 

monitoring — fee — required — under — Ru4e 
.0609 of this Section within 30 days 
after being billed. 



Building, Suite 71 4 , Faycttcvillc, North 
Carolina 2 8 301; 

{&) Washington — Regional — Office, f424 

Carolina — Avenue, — Parish — Building, 
Washington, North Carolina 27889; 

f?) Wilmington Regional Offic e , t2-7 

Cardinal Drive Extension, Wilmington, 
North Carolina 28 4 05. 
{b) — Copies of s uch regulations can be made at 
these regional offices for ten cent s ($0.10) per 
pager 

Statutory Authority G.S. 150B-21.6. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108; 143-215. 109; 143-215. 114. 

.0606 DELEGATION OF AUTHORITY 

The Director may delegate the processing of 
permit applications and the issuance of permits to 
the Chief of the Air Quality Section, the regional 
office — supervisor, — ef — the — Assistant — Chief — fef 

Permitting as — he considers appropriate. This 

delegation shall not include the authority to deny 
a permit application or to revoke, — modify, — ef 
suspend a permit. 

Statutory Authority G.S. 143-21 5. 3(a)(1), (4). 

.0607 COPIES OF REFERENCED 
DOCUMENTS 

{&) Copies — of applicable — Cod e — ef- — Federal 

Regulation s sections referred to in this Section and 
the North Carolina State Implementation Plan for 
Air Quality appendix of conditioned permits are 
available for public inspection at D e partment of 
Environment, — Health, — and — Natural — Re s ource s 
regional offices. — They arc: 

i4j Ashcville Regional Office, Interchange 

Building, 59 Woodfin Place, Ashcvillc, 
North Carolina 28801; 

{2-) Win s ton Salem Regional Office, Suite 

100, 8025 North Point Boulevard, 
Win s ton Salem, North Carolina 27106; 

{3} Mooresville Regional Office, 919 North 

Main Street, Mooresville, North 

Carolina 28115; 

{4) Raleigh Regional Office, 3 8 00 Barrett 

Drive, Po s t Office Box 27687, Raleigh, 
North Carolina 27611; 
{§-) Faycttcvillc Regional Office, Wachovia 



8:23 



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March 1, 1994 



2270 



PROPOSED RULES 



.0609 PERMIT FEES 

(a} — For the purposes of this Rule, the following definitions apply: 

f4-) "Allowable emissions" mean s th e actual emissions that are permitted to occur if the source were 

to operate constantly under maximum permitted condition s . Sources may request permit 

condition s that limit emissions to less than regulation allowable or that re s trict operations. — if 
neither a rule nor a permit limiting emis s ion s from a particular source specifics an emission rate, 
then the allowable emissions shall be the actual emi ss ions that are expected to occur if the source 
were to operate constantly under maximum conditions allowed by the permit. — When a new 
source is added to an existing facility, the allowable emis s ions for the facility shall be the sum 
of the new and existing sources. 

f2-) "Complex source" means a source requiring a permit under Section 15A NCAC 2D .0800. 

{-3-) "Major facility" means any plant site where the allowable emi ss ions of any one regulated 

pollutant under Subchapter 2D of this Title arc 100 tons per year or more, except a site that is 
only a complex source. 

{4} "Minor facility" means any plant site where the allowable emissions of each regulated pollutant 

under Subchapter 2D of this Title are each le ss than 100 ton s per year, except a site that is only 
a complex source. 

{5j "NESHAP source" means a source subject to a national emission standard for hazardous air 

pollutants in Rule 15A NCAC 2D .0525. 

(6) "NSPS source" mean s a source subject to a new source performance standard in Rule 15A 

NCAC 2D .052 4 . 

0) "PSD facility" means a plant site having one or more sources subject to the prevention of 

significant deterioration requirements of Rule 15A NCAC 2D .0530 or a plant site applying for 
a permit for a major stationary source or a major modification subject to Rule 15 A NCAC 2D 
.0530. 
fb) — The following fees shall be charged for processing an application for an air permit and for 
administering and monitoring compliance with the term s of an air permit: 

PERMIT APPLICATION ANNUAL ADMINISTERING AND 

PROCESSING FEE COMPLIANCE MONITORING FEE 

SIMPLE m 

CATEGORY STANDARD RENEWAL STANDARD COMPLIANCE 

Minor facility $-50 $-25 $-350 $-490 

Minor facility with 
an NSPS sourc e 60 35 500 380 

Major facility IO0 75 850 640 

PSD facility 400 IO0 h^75 h030 

Facility with a 
NESHAP sourc e 100 75 850 640 

Compl e x source tO0 850 640 

If q facility or sourc e b e longs to mor e than on e category, the fees shall b e tho se of th e applicabl e cat e gory 
with th e highest fees. — No f ee s ar e r e quir e d to be paid under thi s Rul e by a farm e r who submits an 
application or r e ceiv e s a p e rmit that p e rtains to his farming op e rations. If th e total paym e nt for fees r e quir e d 
for all p e rmits under G.S. 1 4 3 215.3(a)(lb) for any singl e facility will e xc ee d s e ven thousand five hundr e d 
dollars ($7,500.00) p e r y e ar, th e n th e total for all thes e fees will b e r e duc e d for this facility so that th e total 
paym e nt is s e v e n thousand five hundr e d dollars ($7,500.00) p e r y e ar. 
fe-) — The standard p e rmit application proce ss ing f ee li s t e d in Paragraph (b) of this Rul e is requir e d for 



2271 8:23 NORTH CAROLINA REGISTER March 1, 1994 



PROPOSED RULES 



technical changes such a s changing the location of a source; adding additional emi ss ion s ources, pollutanta, 
or control equipment; or changing a permit condition such that a change in air pollutant emissions could 
result. A simple renewal permit application proce s sing fee is required for permit renewals without technical 
changes. A twenty five dollar ($25.00) permit application proce ss ing fee i s required for administrative 
changes such as ownership transfers, construction date changes, test date changes, or reporting procedure 
changes. — No permit application proce ss ing fee is required for changes to an unexpired permit initiated by 
the Director to correct processing error s , to change permit conditions, or to implement new standards. 

{d) If a facility — has been in full compliance with all — applicable administrative, — regulatory, — and 

self monitoring reporting requirements and permit conditions during the previous calendar year, the annual 
administering and compliance monitoring fee shall be that which i s in the "Annual Administering and 
Compliance Monitoring Fee In Compliance" column. — A facility shall be considered to have been in 
compliance during the previous calendar year if it has not been sent any Notice s of Non compliance or 
Notices of Violation during that calendar year. If a Notice of Non compliance or a Notice of Violation was 
based on erroneous information, the Director may send a letter of correction to the permittee clearing the 
record for compliance purposes. If a Notice of Non compliance or Notice of Violation i s s till in the proces s 
of being contested or appealed, the permit holder shall pay the in compliance fee. — At the conclusion of the 
contest or appeal process the permit holder s hall pay the difference between the standard fee and in 
compliance fee unless the notice is found to be erroneous. 

(c) If the actual emi s sions of each pollutant from a minor facility arc no more than three tons during the 
previous calendar year, the permit holder need not pay the annual admini s tering and compliance monitoring 
fee provided that actual emi ss ion s continue to be no more than three ton3 during the annual period for which 
the fee is being billed. 

{#) — Payment of permit application processing fee s and annual administering and compliance monitoring 
fees shall be by check or money order made payable to the N.C. Department of Environment, Health, and 
Natural Resources. — The payment should refer to the air permit application or permit number. 

(g) — The payment of the permit application processing fee required by Paragraph (b) or (c) of this Rule 
shall accompany the permit, permit renewal, or permit modification application and is non refundable. — If 
the permit application processing fee is not paid when the application i s filed, the application shall be 
considered incomplete until the fee is paid. 

{¥) — The initial annual administering and compliance monitoring fee s hall be paid in accordance with 
Paragraph (m) of this Rule when a permit, modified permit, or renewed permit is issued for which a permit 
application processing fee s pecified in Paragraph (b) or (c) of this Rule has been paid. — For complex s ource s 
only an initial annual administering and compliance monitoring fee s hall be paid; no s ub s equent annual 
administering and compliance monitoring fee is necessary for complex sources unless technical changes are 
made in the permit. 

(i) If a permit or permit modification results in changing the category in which a facility belongs, the next 
annual admini s tering and compliance monitoring fee s hall be paid for category in which the facility belongs 
after the permit or permit modification is issued. 

tj) — Any permit holder claiming exemption under Paragraph (e) of thi s Rule shall certify to the Director 
within 30 days after being billed that the actual emi s sions of each pollutant from the facility are no more 
than three tons during the previous calendar year. 

(k) — A facility which has not begun operation s or which has ceased all operations at a sit e s hall not be 
required to pay the next annual administering and compliance monitoring fee provided operations arc not 
resumed during that annual period. — Any resumed operations shall necessitate the payment of the entire 
annual fee. — A facility that is moved to a new site may receive credit for any unused portion of an annual 
administering and compliance monitoring fee if the permit for the old site is relinquished. Only one annual 
administrative and compliance monitoring fee needs to be paid annually for each permit. 

{4j — A fee payer with multiple permits may arrange to consolidate the payment of annual administrative 
and compliance monitoring fees into one annual payment. 

{mj — If, within 30 days after being billed, the permit holder fails to pay an annual admini s tering and 
compliance monitoring fee or fail s to certify an exemption under Paragraphs (c) and (j) or (k) of this Rule, 
the Director may initiate action to revoke the permit. 

(n) In order to avoid violation of the s tatutory limit that total permit fee s collected in any year not exceed 
30 percent of the total budget from all sources of environmental permitting and compliance programs, the 
Division shall in the first half of each state fiscal year project revenues from all sources including fee s for 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2272 



PROPOSED RULES 



the next fiscal year. — If this projection shows that the statutory limit will be exceeded, rulemaking shall be 
commenced in order to have an appropriately adjusted fee schedule which will avoid excessive revenue 
collection from permit fc esr 



Statutory- Authority G.S. 143-215. 3(a)(1), (la), (lb). 



SUBCHAPTER 2Q - AIR QUALITY 
PERMIT PROCEDURES 

SECTION .0100 - GENERAL PROVISIONS 

.0101 REQUIRED AIR QUALITY PERMITS 

(a) No owner or operator shall do any of the 
following activities, that js not otherwise 
exempted, without first applying for and obtaining 
an air quality permit: 

(1) construct, operate, or modify a source 
subject to an applicable standard, 
requirement, or rule that emits any 
regulated pollutant or one or more of 
the following: 

(A) sulfur dioxide, 

(B) total suspended particulates, 

(C) particulate matter (PM10), 

(D) carbon monoxide, 

(E) nitrogen oxides, 

(F) volatile organic compounds, 

(G) lead and lead compounds, 
(H) fluorides, 

(I) total reduced sulfur, 

(J) reduced sulfur compounds, 

(K) hydrogen sulfide, 

(L) sulfuric acid mist, 

(M) asbestos, 

(N) arsenic and arsenic compounds, 

(O) beryllium and beryllium compounds, 

(P) cadmium and cadmium compounds, 

(Q) chromium(VI) and chromium(VI) 

compounds, 
(R) mercury and mercury compounds, 
(S) hydrogen chloride. 
(T) vinyl chloride, 
(U) benzene, 
(V) ethylene oxide, 
(W) dioxins and furans, 
(X) ozone, or 
(Y) any toxic air pollutant listed in 15A 

NCAC 2D .1104: 

(2) construct, operate, or modify a facility 
that has the potential to emit at least 10 
tons per year of any hazardous air 
pollutant or 25 tons per year of all 
hazardous air pollutants combined or 
that are subject to requirements 
established under the following sections 



(A) 

mi 

£Q 



IE] 
IEi 

(Gj 



of the federal Clean Air Act: 
Section 1 12(d), emissions standards; 
Section 1 12(f), standards to protect 
public health and the environment; 
Section 1 12(g), modifications (but 
only for the facility subject to Section 
112(g)(2); 

Section 1 12(h), work practice 
standards and other requirements; 
Section 1 12(i)(5), early reduction; 
Section 1 12(j), federal failure to 
promulgate standards; 
Section 1 12(r), accidental releases; or 
(3) enter into an irrevocable contract for 
the construction, operation, or 
modification of an air-cleaning device. 

(b) There are two types of air quality permits: 

(1) Stationary Source Construction and 
Operation Permit: The owner or 
operator of a new, modified, or existing 
facility or source shall not begin 
construction or operation without first 
obtaining a construction and operation 
permit in accordance with the standard 
procedures under Section .0300 of this 
Subchapter. Title V facilities are 
subject to the Title V procedures under 
Section .0500 of this Subchapter 
including the acid rain procedures 
under Section .0400 of this Subchapter. 

A facility may also be subject to the 
air toxic procedures under 15A NCAC 
2H .0610. 

(2) Transportation Facility Construction 
Permit. The owner or operator of a 
transportation facility subject to the 
requirements of j_5A NCAC 2D .0800 
shall obtain a construction only permit 
following the procedures under Section 
.0600 of this Subchapter. 

(c) Fees shall be paid in accordance with the 
requirements of Section .0200 of this Subchapter. 

Statutory Authority G.S. 143-21 5. 3(a)(1): 
143-215.108; 143-215.109. 

.0102 ACTIVITIES EXEMPTED FROM 
PERMIT REQUIREMENTS 

(a) If a source is subject to any of the following 



2273 



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NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



rules, then the source is not exempted from permit 
requirements, and the exemptions in Paragraph (b) 
of this Rule do not a pply: 

(1) new source performance standards 
under 15A NCAC 2D .0524 or 40 CFR 
Part 60, except new residential wood 
heaters; 

(2) national emission standards for 
hazardous air pollutants under 15A 
NCAC 2D .0525 or 40 CFR Part 61, 
except asbestos demolition and 
renovation activities; 

(3) prevention of significant deterioration 
under 15A NCAC 2D .0530; 

(4) new source review under 15A NCAC 
2D .0531 or .0532; 

(5) sources of volatile organic compounds 
subject to the requirements of 15A 
NCAC 2D .0900 that are located in 
Mecklenburg and Gaston Counties; 

(6) sources required to apply maximum 
achievable control technology for 
hazardous air pollutants under 15A 
NCAC 2D . 1 109 or under 40 CFR Part 
63 or to apply generally available 
control technology (GACT) or work 
practice standards for hazardous air 
pollutants under 40 CFR Part 63; or 

(7) sources at facilities subject to 15A 
NCAC 2D .1100. 

(b) The following activities do not need a permit 
or permit modification under this Subchapter; 
however, the Director may require the owner or 
operator of these activities to register them under 
15A NCAC 2D .0200: 

(1) activities exempted because of category: 
(A) maintenance, upkeep, and 
replacement: 

maintenance, structural changes, 
or repairs which do not change 
the capacity of such process, 
fuel-burning, refuse-burning, or 
control equipment, and do not 
involve any change in quality or 
nature or increase in quantity of 
emission of regulated air 
pollutants; 

housekeeping activities or building 
maintenance procedures, including 
painting buildings, resurfacing 
floors, roof repair, washing, 
portable vacuum cleaners, 
sweeping. use of janitorial 
products, or insulation removal; 
use of office supplies, supplies to 



M 

(Y) 
(vi) 



iii 



ill) 



liii) 



maintain copying equipment, or 
blueprint machines, 
use of fire fighting equipment; 
paving parking lots; or 
replacement of existing equipment 
with equipment of the same size, 
type, and function that does not 
result in an increase to the actual 
or potential emission of regulated 
air pollutants and that does not 
affect the compliance status, and 
with replacement equipment that 
fits the description of the existing 
equipment in the permit, including 
the application, such that the 
replacement equipment can be 
operated under that permit without 
any changes in the permit that is 
described in the current permit, 
including the application, except 
for characteristics that could not 
affect air pollution control (for 
example, serial numbers); 

(B) air conditioning or ventilation: 
comfort air conditioning or comfort 
ventilating systems which do not 
transport, remove, or exhaust 
regulated air pollutants to the 
atmosphere; 

(C) laboratory equipment: 

(i) laboratory equipment used 
exclusively for chemical or 
physical analysis for quality 
control purposes, water or 
wastewater analyses, or 
environmental compliance 
assessments; 

(ii) non-production laboratory 
equipment used at non-profit 
health or non-profit educational 
institutions for chemical or 
physical analyses, bench scale 
experimentation or training, or 
instruction; or 

(iii) laboratory equipment used for 
chemical or physical analysis for 
bench scale experimentation, 
training, instruction, or research 
and development that is not 
required to be permitted under 
Section .0500 of this Subchapter; 

(D) storage tanks: 

(i) storage tanks used solely to store 
fuel oils, kerosene, diesel. crude 
oil, used motor oil, natural gas. 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2274 



PROPOSED RULES 



or liquified petroleum gas; 

fii) storage tanks used to store 
gasoline for which there are no 
applicable requirements except 
Stage 1 controls under 15A NCAC 
2D .0928; 

(iii) storage tanks used solely to store 
inorganic liquids; or 

(iv) storage tanks or vessels used for 
the temporary containment of 
materials resulting from an 
emergency response to an 
unanticipated release of hazardous 
materials; 

(E) combustion and heat transfer 
equipment: 

(i) space heaters burning distillate 
oil, kerosene, natural gas, or 
liquified petroleum gas operating 
by direct heat transfer and used 
solely for comfort heat; 

(ii) residential wood stoves, heaters, 
or fireplaces; 

(iii) hot water heaters which are used 
for domestic purposes only and 
are not used to heat process 
water; 

(F) wastewater treatment processes: 
industrial wastewater treatment 
processes or municipal wastewater 
treatment processes for which there 
are no applicable requirements; 

(G) gasoline distribution: gasoline service 
stations or gasoline dispensing 
facilities that are not required to be 
permitted under Section .0500 of this 
Subchapter; 

(H) miscellaneous: 

(i) motor vehicles, aircraft, marine 
vessels, locomotives, tractors or 
other self-propelled vehicles with 
internal combustion engines; 

(ii) equipment used for the 
preparation of food for direct 
on-site human consumption; 
a source whose emissions are 



Ml 



mil 



iY) 



regulated only under Section 

112(r) or Title VI of the federal 

Clean Air Act that is not required 

to be permitted under Section 

.0500 of this Subchapter; 

exit gases from in-line process 

analyzers; 

stacks or vents to prevent escape 

of sewer gases from domestic 



(vii) 



waste through plumbing traps; 
refrigeration equipment that is 
consistent with Section 601 
through 618 of Title VI 
(Stratospheric Ozone Protection) 
of the federal Clean Air Act, 40 
CFR Part 82, and any other 
regulations promulgated by EPA 
under Title VI for stratospheric 
ozone protection, except those 
units used as or in conjunction 
with air pollution control 
equipment; 
equipment 



not vented to 



outdoor atmosphere with 



the 
the 

exception of equipment that emits 
volatile organic compounds; 
(viii) equipment that does not emit any 

regulated air pollutants; or 
(ix) sources for which there are no 
applicable requirements. 
(2) activities exempted because of size or 
production rate: 

(A) storage tanks: 

(i) above-ground storage tanks with a 
storage capacity of no more than 
1 100 gallons storing organic 
liquids, excluding hazardous air 
pollutants, with a true vapor- 
pressure of no more than 10.8 
pounds per square inch absolute at 
70° F: or 

(ii) underground storage tanks with a 
storage capacity of no more than 
2500 gallons storing organic 
liquids, excluding hazardous air 
pollutants, with a true vapor 
pressure of no more than 10.8 psi 
absolute at 70J1 Fj. 

(B) combustion and heat transfer 
equipment: 

(i) fuel combustion equipment for 
which construction, modification, 
or reconstruction commenced 
after 



June 



1989, firing 



m 



exclusively kerosene. No. 1 fuel 
oil. No. 2 fuel oil, equivalent 
unadulterated fuels, natural gas, 
liquified petroleum gas, or a 
mixture of these fuels with a total 
heat input rating less than 10 
million BTU per hour; 
fuel combustion equipment for 
which construction, modification, 
or reconstruction commenced 



2275 



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NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



before June 10, 1989, firing 



exclusively: 

(I) kerosene 

2 fuel 



No. 1 fuel oil. No. 
oil, equivalent 
unadulterated fuels, or a 
mixture of these fuels with 
gaseous fuels with a total heat 
input rating less than 30 
million BTU per hour; 
(II) natural gas or liquefied 
petroleum gas with a total heat 
input rating less than 65 
million BTU per hour; 
(iii) space heaters burning waste oil if: 

(I) The heater burns only oil that 
the owner or operator 
generates or used oil from 
do-it-yourself oil changers who 
generate used oil as household 
wastes; 

(II) The heater is designed to have 
a maximum capacity of not 
more than 500,000 Btu per 
hour; and 

(III) The combustion gases from the 
heater are vented to the 
ambient air; 

(iv) emergency use generators and 
other internal combustion engines, 
except self-propelled vehicles, that 
have a rated capacity of no more 
than: 
(I) 310 kilowatts or 460 
for natural 



(IT) 830 



horsepower 
gas -fired engines, 
830 kilowatts 



1150 



horsepower for liquified 
petroleum gas-fired engines, or 
(III) 340 kilowatts or 410 
horsepower for diesel-fired 
engines; 

(C) gasoline distribution: bulk gasoline 
plants with an average daily 
throughput of less than 4000 gallons 
that is not required to be permitted 
under Section .0500 of this 
Subchapter; 

(D) processes: printing, paint spray booths 
or other painting or coating operations 
without air pollution control devices 
(water wash and filters that are an 
integral part of the paint spray booth 
are not considered air pollution 
control devices) located at a facility 
whose facility-wide actual emissions 



of: 

(i) Volatile organic compounds are 
less than five tons per year, and 

(ii) Photochemically reactive solvent 
emissions under 15A NCAC 2D 
.0518 are less than 40 pounds per 
day; 
provided the facility is not required to 
be permitted under Section .0500 of 
this Subchapter; 
(E) miscellaneous: 

(i) any source without an air pollu- 
tion control device with a poten- 
tial to emit no more than five tons 
per year of each regulated pollut- 
ant that is not a hazardous air 
pollutant and whose emissions 
would not violate any applicable 
emissions standard; 

(ii) any facility without an air pollu- 
tion control device whose actual 
emissions of particulate, sulfur 
dioxide, nitrogen oxides, volatile 
organic compounds, or carbon 
monoxide are each less than five 
tons per year and which is not 
required to have a permit under 
Section .0500 of this Subchapter; 

(iii) any facility whose emissions of 
any hazardous air pollutant below 
its respective de minimis emission 
rate in 40 CFR Part 63; 

(iv) electrostatic dry powder coating 
operations equipp ed with powder 
recovery including curing ovens 
with a heat input of less than 
10,000,000 BTU per hour: or 

(v) any incinerator covered under 
Paragraph £d) of 15A NCAC 2D 
.1201. 

(c) Because an activity is exempted from being 
required to have a permit does not mean that the 
activity is exempted from any applicable require- 
ment or that the owner or operator of the source ]s 
exempted from demonstrating compliance with any 
applicable requirement. 

(d) Emissions from stationary source activities 
identified in Paragraph (b) of this Rule shall be 
included in determining compliance with the toxic 
air pollutant requirements under 15A NCAC 2D 
.1100 or 2H .0610. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(4); 143-215. 108. 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2276 



PROPOSED RULES 



.0103 DEFINITIONS 

For the purposes of this Subchapter, the 

definitions in OS. 143-212 and 143-213 and the 

following definitions apply: 

(1) "Air Pollutant" means an air pollution 

agent or combination of such agents, 

including any physical, chemical, 

biological, radioactive substance or 

matter which is emitted into or otherwise 

enters the ambient air. Water vapor is 

not considered to be an air pollutant. 

"Allowable emissions" mean the 



01 



01 

14] 

15] 

ill 



01 

(10) 



Oil 



an 



(14) 



maximum emissions allowed by the 

applicable rules contained in 15A NCAC 

2D or by permit conditions if the permit 

limits emissions to a lesser amount. 

"Alter or change" means to make a 

modification. 

"Applicant" means the person who is 

applying for an air quality permit from 

the Division. 

"Application package" means all elements 

or documents needed to make an 

application complete. 

"CFR" means Code of Federal 

Regulations. 

"Construction" means change in the 

method of operation or any physical 

change (including on-site fabrication, 

erection. installation, replacement, 

demolition, or modification of a source) 

that results in a change in emissions or 

affects the compliance status. 

"Director" means the Director of the 

Division of Environmental Management. 

"Division" means the Division of 

Environmental Management. 

"Equivalent unadulterated fuels" means 

used oils that have been refined such that 

the content of toxic additives or 

contaminants in the oil are no greater 

than those in unadulterated fossil fuels. 

"EPA" means the United States 

Environmental Protection Agency or the 

Administrator of the Environmental 

Protection Agency. 

"Facility" means all of the pollutant 

emitting activities that are located on one 

or more contiguous or adjacent properties 

under common control. 

" Federally enfo rceab le " or 

" federal -enforceable " means enforceable 

by EPA. 

"Fuel combustion equipment" means any 

fuel burning source covered under 15A 



NCAC 2D .0503, .0504, .0524(a)(1). 
(29), (56). or (65), or .0536. 

(15) "Hazardous air pollutant" means any 
pollutant which has been listed pursuant 
to Section 1 12(b) of the federal Clean Air 
Act. Pollutants which are listed only in 
15A NCAC 2D .1104 (Toxic Air 
Pollutant Guidelines), but not pursuant to 
Section 1 12(b), are not included jn this 
definition. 

(16) "Insignificant activities" means any 
activity exempted under Rule .0102 of 
this Section. 

( 17) "Irrevocable contract" means a contract 
that cannot be revoked without substantial 
penalty. 

(18) "Modification" means any physical 
change or change in method of operation 
that results in a change [n emissions or 
affects compliance status of the source or 
facility. 

(19) "Owner or operator" means any person 
who owns, leases, operates, controls, or 
supervises a facility, source, or air 
pollution control equipment. 

(20) "Permit" means the legally binding 
written document, including any revisions 
thereto, issued pursuant to G.S. 
143-215. 108 to the owner or operator of 
a facility or source that emits one or 
more air pollutants and that allows that 
facility or source to operate jn 
compliance with G.S. 143-215.108. This 
document specifies the requirements 
applicable to the facility or source and to 
the permittee. 

(21 ) "Permittee" means the person who has 
received an air quality permit from the 
Division. 

(22) "Potential emissions" means the rate of 
emissions of any air pollutant which 
would occur at the facility's maximum 
capacity to emit any air pollutant under 
its physical and operational design. Any 
physical or operational limitation on the 
capacity of a facility to emit an air 
pollutant shall be treated as a part of its 
design if the limitation is federally 
enforceable. Such physical or 
operational limitations include air 
pollution control equipment and 
restrictions on hours of operation or on 
the type or amount of material 
combusted, stored, or processed. 
Potential emissions include fugitive 



2277 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



(23) 
£a) 

£b) 



lei 
(24) 



(25) 



(26) 



(27) 



emissions as specified in the definition of 
major source in 40 CFR 70.2. Potential 
emissions do not include a facility's 
secondary emissions such as those from 
motor vehicles associated with the facility 
and do not include emissions from 
insignificant activities listed in Rule 
.0102(b)(1) of this Section. 
"Regulated air pollutant" means: 
nitrogen oxides or any volatile organic 
compound; 

any pollutant for which there is an 
ambient air quality standard under 
Section 15A NCAC 2D .0400; 
any pollutant regulated under 15A 
NCAC 2D .0524 or .0525 or 40 CFR 
Part 60, 61, or 63; 

any pollutant subject to a standard 

promulgated under Section 1 12 of the 

federal Clean Air Act or other 

requirements established under Section 

1 12 of the federal Clean Air Act, 

including Section 1 12(g) (but only for 

the facility subject to Section 1 12(g)(2) 

of the federal Clean Air Act), (j), or (r) 

of the federal Clean Air Act; or 

any Class I or II substance listed under 

Section 602 of the federal Clean Air 

Act. 

"Source" means any stationary article, 

machine, process equipment, or other 

contrivance, or combination thereof, 

from which air pollutants emanate or are 

emitted, either directly or indirectly. 

"Toxic air pollutant" means any of the 

carcinogens, chronic toxicants, acute 

systemic toxicants, or acute irritants that 

are listed in 15A NCAC 2D .1104. 

"Transportation facility" means a 

complex source as defined at G.S. 

143-213(22) that is subject to the 

requirements of 15A NCAC 2D .0800. 

"Unadulterated fossil fuel" means fuel 

oils, coal, natural gas, or liquefied 

petroleum gas to which no toxic additives 

have been added that could result in the 

emissions of a toxic air pollutant listed 

under 15A NCAC 2D .1104. 



Statutory Authority G.S. 143-215. 3(a)(1); 143-212; 
143-213. 

.0104 WHERE TO OBTAIN AND FILE 
PERMIT APPLICATIONS 

(a) Official application forms for a permit or 



permit modification may be obtained from and 
shall be filed in writing with the Director, Division 
of Environmental Management, P.O. Box 29535, 
Raleigh, North Carolina 27626-0535 or any of the 
regional offices listed under Rule .0105 of this 
Section. 

(b) The number of copies of applications to be 
filed are specified in Rules .0305 (construction and 
operation permit procedures), .0405 (acid rain 
permit procedures), .0507 (Title V permit 
procedures), and .0602 (transportation facility 
construction air permit procedures) of this 
Subchapter. 

Statutory Authority G. S. 
143-215. 108; 143-215. 109. 



143-215. 3(a)(1); 



.0105 COPIES OF REFERENCED 
DOCUMENTS 

(a) Copies of applicable Code of Federal 
Regulations (CFR) sections referred to in this 
Subchapter are available for public inspection at 
Department of Environment, Health, and Natural 
Resources regional offices. The regional offices 
are: 

(1) Asheville Regional Office, Interchange 
Building, 59 Woodfin Place, Asheville, 
North Carolina 28801; 

(2) Winston-Salem Regional Office, Suite 
100, 8025 North Point Boulevard, 
Winston Salem, North Carolina 27106; 

(3) Mooresville Regional Office, 919 North 
Main Street, Mooresville, North 



Carolina 281 15; 



£4) 



£5) 



£6) 



m 



Raleigh Regional Office, 3800 Barrett 
Drive, Post Office Box 27687, Raleigh, 
North Carolina 28115; 
Favetteville Regional Office, Wachovia 
Building, Suite 714, Favetteville, North 
Carolina 28301; 

Washington Regional Office, 1424 
Carolina Avenue, Farish Building, 
Washington, North Carolina 27889; 
Wilmington Regional Office, 7225 
Wrightsville Avenue, Wilmington, 
North Carolina 28403. 

(b) Permit applications and permits may be 
reviewed at the Central Files office in the 
Archdale Building, 512 North Salisbury Street, 
Raleigh, North Carolina, excluding information 
entitled to confidential treatment under Rule .0107 
of this Section. 

(c) Copies of CFR, permit applications, and 
permits can be made for ten cents ($0.10) per 
page. 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2278 



PROPOSED RULES 



Statutory Authority G.S. 143-215. 3(a)(1); 
150B-19(5). 

.0106 INCORPORATION BY REFERENCE 

(a) Referenced CFR contained in this Subchapter 
are incorporated by reference. 

£b) The CFR incorporated by reference In this 
Subchapter shall automatically include any later 
amendments thereto unless a specific rule specifies 
otherwise, 

(c) The CFR may be purchased from the 
Superintendent of Documents, RO. Box 371954, 
Pittsburgh, PA 15250. The cost of the 40 CFR 
Parts 61 to 80 is fourteen dollars ($14.00). 

Statutory Authority G.S. 143-215. 3(a)(1); 
150B-21.6. 

.0107 CONFIDENTIAL INFORMATION 

(a) All information required to be submitted to 
the Commission or the Director under this 
Subchapter or Subchapter 2D of this Title shall be 
disclosed to the public unless the person submitting 
the information can demonstrate that the 
information is entitled to confidential treatment 
under G.S. 143-215. 3(a)(2). 

(b) A request that information be treated as 
confidential shall be made by the person 
submitting the information at the time that the 
submittal is made. The request shall state in 
writing reasons why the information should be 
held confidential. Any request not meeting these 
requirements shall be invalid. 

(c) The Director shall make a preliminary 
determination of which information is entitled to 
confidential treatment and shall notify' the person 
requesting confidential treatment of his decision 
within 90 days of receipt of a request to treat 
information as confidential. 

(d) Information necessary to determine 
compliance with standards contained in 15A 
N'CAC 2D or permit terms and conditions shall not 
be held confidential. 

ie> Confidential treatment of any information 



that has been classified as confidential under this 
Rule shall cease five years following the date of 
the Director's determination unless the person who 
originally requested confidential treatment, or his 
successor, requests that the information continue to 
be treated as confidential for another five years. 

(f) Any material classified as confidential or 
treated as if it were classified as confidential 
because of a request for confidential treatment 
before February j^ 1994. shall cease to be 
classified confidential on February L, 1999, unless 



the person, or his successor, who requested 
confidential treatment requests that the information 
continue to be treated as confidential for another 
five years. 

Statutory Authority G.S. 143-21 5. 3 (a)(1), (2). 

.0108 DELEGATION OF AUTHORITY 

The Director may delegate the processing of 
permit a pplications and the issuance of permits to 
the Deputy Director, the Chief of the Air Quality 
Section, the regional office supervisor, any air 
quality supervisor in the regional offices, or any 
supervisor in the Permitting Branch of the Air 
Quality Section as he considers appropriate. This 
delegation shall not include the authority to deny 
a permit application or to revoke or suspend a 
permit. 

Statutory Authority G.S. 143-215. 3(a)(1), (4). 

.0109 COMPLIANCE SCHEDULE FOR 
PREVIOUSLY EXEMPTED 
ACTIVLTDZS 

(a) If a source has heretofore been exempted 
from needing a permit, but because of change m 
permit exemptions, it is now required to have a 
permit as follows: 

( 1 ) If the source is located at a facility that 
currently has an air quality permit, the 
source shall be added to the air quality 
permit of the facility the next time that 
permit is revised or renewed, 
whichever occurs first. 

(2) If the source is located at a facility that 
currently does not have an air quality 
permit, the owner or operator of that 
source shall apply for a permit: 

(A) by the schedule in Rule .0506 of this 
Subchapter if ffie source is subject to 
the requirements of Section .0500 of 
this Subchapter, or 

(B) by January F, 1998, if the source js 
not subject to fhe requirements of 
Section .0500 of this Subchapter. 

(b) If a source becomes subject to requirements 
promulgated under 40 CFR Part 63; the owner or 
operator of the source shall apply for a permit: 

(1) by August Lj 1994. if fhe source fs 
required to apply GACT promulgated 
under 40 CFR Part 63 before February' 
1. 1994, or 

(2) within 180 days after the date of 
promulgation: 

(A) of a GACT requirement under 40 



2279 



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March 1, 1994 



PROPOSED RULES 



CFR Part 63 if the source ]s required 
to a pply a GACT promulgated after 
January 31, 1994, or 
(B) of a maximum achievable control 
technology (MACT) requirement 
under 40 CFR Part 63 promulgated 
after EPA a pproves Section .0500 of 
this Subchapter. 



Statutory Authority G S. 
143-215. 108; 143-215. 109. 



143-215. 3(a)(1); 



.01 10 RETENTION OF PERMIT AT 
PERMITTED FACILITY 

The permittee shall retain a copy of all active 
permits issued under this Subchapter at the facility 
identified in the permit. 



Statutory Authority G. S. 
143-215.108; 143-215.109. 



143-215. 3(a)(1); 



.0111 APPLICABILITY DETERMINATIONS 

Any person may submit a request in writing to 
the Director requesting a determination as to 
whether a particular source or facility that the 
person owns or operates or proposes to own or 
operate is subject to any of the permitting 
requirements under this Subchapter. The request 
shall contain such information believed to be 
sufficient for the Director to make the requested 
determination. The Director may request any 
additional information that is needed to make the 
determination. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108; 143-215. 109. 

SECTION .0200 - PERMIT FEES 

.0201 APPLICABILITY 

(a) This Section, except for Rule .0207 (Annual 

Emissions Reporting) of this Section, is a pplicable: 

(1) as of the permit anniversary date on or 

after July J^ 1994, to facilities that have 

or will have actual emissions of: 

100 tons per year or more of at least 

one regulated air pollutant; 

10 tons per year or more of at least 



(A] 
ffi] 



one hazardous air pollutant; or 
25 tons per year or more of 



all 



hazardous air pollutants combined; 

and 
(2) as of the permit anniversary date on or 
after October J^ 1994, to all facilities 
other than the facilities described in 



Subparagraph (a)(1) of this Rule. 

(b) Before the applicability date of Paragraph (a) 
of this Rule, the fees of 15A NCAC 2H .0609 are 
in effect. 

(c) Rule .0207 of this Section is applicable to all 
facilities as of its effective date. 

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb), 
(Id); 143-215. 106A; 150B-21.6. 

.0202 DEFINITIONS 

For the purposes of this Section, the following 
definitions apply: 

(1) "Actual emissions" means the actual rate 
of emissions in tons per year of any air 
pollutant emitted from the facility over 
the preceding calendar year. Actual 
emissions shall be calculated using the 
sources' actual operating hours, 
production rates, in-place control 
equipment, and types of materials 
processed, stored, or combusted during 
the preceding calendar year. Actual 
emissions include fugitive emissions as 
specified in the definition of major source 
In 40 CFR 70.2. For fee applicability 
and calculation purposes under Rule 
.0201 or .0203 of this Section and 
emissions reporting purposes under Rule 
.0207 of this Section, actual emissions do 
not include emissions beyond the normal 
emissions during violations, 
malfunctions, start-ups, and shut-downs, 
do not include a facility's secondary 
emissions such as those from motor 
vehicles associated with the facility, and 
do not include emissions from 
insignificant activities listed in Rule 
■0102(b)( 1 ) of this Subchapter. 

(2) "Title V facility" means a facility that has 
or will have potential emissions of: 

(a) 100 tons per year or more of at least 
one regulated air pollutant; 

(b) 10 tons per year or more of at least one 
hazardous air pollutant; or 

(c) 25 tons per year or more of all 
hazardous air pollutants combined. 

If a facility has portions of the facility 
classified under different Major Groups 
as described in the Standard Industrial 
Classification Manual, 1987, the portions 
will be evaluated separately with regard 
to the thresholds in this definition. 

(3) "Synthetic minor facility" means a 
facility that would be a Title V facility 



8:23 



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March 1, 1994 



2280 



PROPOSED RULES 



except that the potential emissions are 
reduced below the thresholds in 
Paragraph (2) of this Rule by one or 
more physical or operational limitations 
on the capacity of the facility to emit an 
air pollutant. Such limitations must be 
enforceable by EPA and may include air 
pollution control equipment and 
restrictions on hours of operation, the 
type or amount of material combusted, 
stored, or processed. 

(4) "General facility" means a facility 
obtaining a permit under Rule .0310 or 
.0509 of this Subchapter. 

(5) "Small facility" means a facility that ]s 
not a Title V facility, a synthetic minor 
facility, a general facility, nor solely a 
transportation facility. 

Statutory Authority G. S. 143. 215. 3(a)(1), (la), (lb), 
(Id); 150B-21.6. 

.0203 PERMIT AND APPLICATION FEES 

(a) The owner or operator of any facility holding a permit shall pay the following permit fees: 



I 



ANNUAL PERMIT FEES 
(FOR CALENDAR YEAR 1994) 



Facility 

Category 

Title V 

Synthetic Minor 

Small 

Transportation 

General 



Tonnage 
Factor 

$14.63 



Basic 

Permit 

Fee 

$5100 

1500 

250 





Nonattain- 
ment Area 
Added Fee 
$2600 



I 



50% of the otherwise applicable fee 



A facility, other than a Title V facility, which has been in compliance may be eligible for a 25% discount 
from the annual permit fees as described in Paragraph (c) of Rule .0205 of this Section. Annual permit fees 
for Title V facilities shall be adjusted for inflation as described in Rule .0204 of this Section. Annual permit 
fees for Title V facilities consist of the sum of the applicable fee elements. 

(b) In addition to the annual permit fee, a permit applicant shall pay a non-refundable permit a pplication 
fee as follows: 



PERMIT APPLICATION FEES 





(FOR CALENDAR YEAR 1994) 






New or 


Owner- 


Facility 


New or Significant Minor 


ship 


Category 


Modification Modification Modification 


Change 


Title V 






(before Title 






V Program) 


$700 


$50 


Title V 






(after Title 






2281 8:23 


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March 1, 1994 



I 



PROPOSED RULES 



V Program) $7200 $700 50 
Title V (PSD 

or NSR/NAA) 10900 50 
Title V (PSD 

and NSR/NAA) 21200 50 

Synthetic Minor 400 50 

Small 50 25 

Transportation 400 50 

General 50% of the otherwise applicable fee 25 

Permit application fees for Title V facilities shall be adjusted for inflation as described in Rule .0204 of this 
Section. 

£c] If a facility, other than a general facility, belongs to more than one facility category, the fees shall 
be those of the applicable category with the highest fees. If a permit application belongs to more than one 
type of application, the fee shall be that of the applicable permit application type with the highest fee. 

(d) The tonnage factor fee shall be applicable only to Title V facilities. It shall be computed by 
multiplying the tonnage factor indicated in the table in Paragraph (a) of this Rule by the facility's combined 
total actual emissions of all regulated air pollutants, rounded to the nearest ton. The calculation shall not 
include: 

(1) carbon monoxide; 

(2) any pollutant that is regulated solely because it is a Class I or II substance listed under Section 
602 of the federal Clean Air Act (ozone depletors); 

(3) any pollutant that is regulated solely because it is subject to a regulation or standard under 
Section 1 12(r) of the federal Clean Air Act (accidental releases); and 

(4) the amount of actual emissions of each pollutant that exceeds 4,000 tons per year. 

Even though a pollutant may be classified in more than one pollutant category, the amount of pollutant 
emitted shall be counted only once for tonnage factor fee purposes and m a pollutant category chosen by 
the permittee. If a facility has more than one permit, the tonnage factor fee for the facility's combined total 
actual emissions shall be paid only on the permit whose anniversary date first occurs after the date of 
application of the fees of this Rule. 

(e) The nonattainment area added fee shall be applicable only to facilities located in a nonattainment area 
defined in f5A NCAC 2D .0531 (Sources in Nonattainment Areas) and subject to .15A NCAC 2D .0531 
or 15A NCAC 2D .0900 (Volatile Organic Compounds). 

(f) A Title V (PSD or NSR/NAA) facility is a facility whose application is subject to review under 15A 
NCAC 2D .0530 (Prevention of Significant Deterioration) or 15A NCAC 2D .0531 (Sources in 
Nonattainment Areas). 

(g) A Title V (PSD and NSR/NAA) facility is a facility whose application is subject to review under 15A 
NCAC 2D .0530 (Prevention of Significant Deterioration) and 15A NCAC 2D .0531 (Sources to 
Nonattainment Areas). 

(h) Minor modification permit applications which are group processed require the payment of only one 
permit application fee for the group. 

(i) No permit application fee is required for renewal of an existing permit, for changes to an unexpired 
permit when the only reason for the changes is initiated by the Director or the Commission, for a name 
change with no ownership change, for a change under Rule .0523 (Changes Not Requiring Permit 
Revisions) of this Subchapter, or for a construction date change, a test date change, a reporting procedure 
change, or a similar change. 

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb), (Id); 150B-21. 6. 

.0204 INFLATION ADJUSTMENT method shall be altered to account for the fact that 

Beginning in 1995, the fees of Rule .0203 of the fees shown in Rule .0203 of this Section are 

this Section for Title V facilities shall be adjusted for calendar year 1994. The tonnage factor shall 

as of January 1st of each year for inflation. The be rounded to a whole cent and the other fees shall 

inflation adjustment shall be done by the method be rounded to a whole dollar, 
described in 40 CFR 70.9(b)(2)(iv), except that the 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2282 



PROPOSED RULES 



Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb), 
(Id); 150B-21.6. 

.0205 OTHER ADJUSTMENTS 

(a) If a facility other than a Title V facility has 
been in full compliance with all applicable 
administrative, regulatory, and self-monitoring 
reporting requirements and permit conditions 
during the previous calendar year, the annual 
permit fee shall be 25% less than that listed in 
Rule .0203 of this Section. A facility shall be 
considered to have been in compliance during the 
previous calendar year if it has not been sent any 
Notices of Non-compliance or Notices of Violation 
during that calendar year. 

(b) If a facility changes so that ]ts facility 
category changes, the annual fee changes with the 
next annual fee. 

(c) A facility that is moved to a new site may 
receive credit toward new permit fees for any 
unused portion of an annual fee if the permit for 
the old site is relinquished. 

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb), 
(Id); 150B-21.6. 

.0206 PAYMENT OF FEES 

(a) Payment of fees required under this Section 
shall be by check or money order made payable to 
the N.C. Department of Environment, Health and 
Natural Resources. Annual permit fee payments 
shall refer to the permit number. 

(b) If, within 30 days after being billed, the 
permit holder fails to pay an annual fee required 
under this Section, the Director may initiate action 
to terminate the permit under Rule .0309 or .0519 
of this Subchapter, as appropriate. 

(c) A holder of multiple permits may arrange to 
consolidate the payment of annual fees into one 
annual payment. 

(d) The permit holder shall submit a written 
description of current and projected plans to 
reduce the emissions of air contaminants by source 
reduction and recycling in accordance with G.S. 
143-215. 108(c) along with the annual permit fee 
payment. The description shall include a summary 
of activities related to source reduction and 
recycling and a quantification of air emissions 
reduced and material recycled during the previous 
year and a summary of plans for further source 
reduction and recycling. 

(e) The payment of the permit application fee 
required by this Section shall accompany the 
application and is non-refundable. 

(f) The Division shall annually prepare and 



make publicly available an accounting showing 
aggregate fee payments collected under this 
Section from facilities which have obtained or will 
obtain permits under Section .0500 of this 
Subchapter except synthetic minor facilities and 
showing a summary of reasonable direct and 
indirect expenditures required to develop and 
administer the Title V permit program. 

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb), 
(Id); 143-215.108; 150B-21.6. 

.0207 ANNUAL EMISSIONS REPORTING 

The owner or operator of: 

UQ a Title V facility; or 

(2) any other facility, other than a 

transportation facility, that has actual 

emissions of 25 tons per year or more of 

nitrogen oxides or volatile organic 

compounds and that is located in 

Davidson, Durham, Forsyth, Gaston, 

Guilford, Mecklenburg, or Wake County. 

in Dutchville Township in Granville 

County, or in that part of Davie County 

bounded by the Yadkin River, 

Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to 

the Yadkin River; 

shall report by June 30th of each year the actual 

and potential emissions of each regulated pollutant, 

each hazardous air pollutant, and each toxic air 

pollutant that is listed in 15A NCAC 2D .1104, 

from each source within the facility during the 

previous calendar year. The report shall be in or 

on such form as may be established by the 



Director. This annual reporting requirement shall 
begin with calendar year 1993 emissions. The 
accuracy of the report shall be certified by a 
responsible official of the facility as defined under 
40 CFR 70.2. Reporting may be required for 
other facilities by permit condition or pursuant to 
15A NCAC 2D .0202 (Registration of Air 
Pollution Sources). 

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb), 
(Id); 143-215.65; 143-215.107; 143B-282; 
150B-21.6. 

SECTION .0300 - CONSTRUCTION AND 
OPERATION PERMITS 

.0301 APPLICABILITY 

(a) Except for the permit exemptions allowed 
under Rules .0102 and .0302 of this Subchapter, 
the owner or operator of a new, modified, or 



2283 



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NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



existing facility or source shall not begin 
construction or operation without first obtaining a 
construction and operation permit in accordance 
with the procedures under Section .0300; however. 
Title V facilities are subject to the Title V 
procedures under Section .0500 including the acid 
rain procedures under Section .0400 for Title IV 
sources. 

(b) The owner or operator of a source required 
to have a permit under this Section may also be 
subject to the air toxic permit procedures under 
15A NCAC 2H .0610. 

(c) The owner or operator of a source required 
to have a permit under this Section shall pay 
permit fees required under Section .0200 of this 
Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108. 

.0302 FACILITIES NOT LIKELY TO 

CONTRAVENE DEMONSTRATION 

(a) This Rule applies only to this Section. It 
does not apply to Section .0500 (Title V 
Procedures) of this Subchapter. 

(b) If a facility is subject to any of the following 
rules, the facility is not exempted from permit 
requirements, and the exemptions in Paragraph (c) 
of this Rule do not apply: 

(1) new source performance standards 
under 15A NCAC 2D .0524 or 40 CFR 
Part 60, except new residential wood 
heaters; 
national emission standards for 



12] 



hazardous air pollutants under 15A 
NCAC 2D .0525 or 40 CFR .Part 61, 
except asbestos demolition and 
renovation activities; 



141 

15) 

161 



prevention of significant deterioration 
under 15A NCAC 2D .0530; 
new source review under 15A NCAC 
2D .0531 or .0532; 

sources of volatile organic compounds 
subject to the requirements of 15A 
NCAC 2D .0900 that are located in 
Mecklenburg and Gaston Counties; 
sources required to apply maximum 
achievable control technology for 
hazardous air pollutants under 15A 
NCAC 2D .1109 or under 40 CFR Part 



ill 



63 or to apply generally available 

control technology (GACT) under or 

work practice standards 40 CFR Part 

63; 

sources at facilities subject to 15A 



NCAC 2D .1100; or 
(8) facilities subject to Title V permitting 

procedures under Section .0500 of this 

Subchapter, 
(c) The owner or operator of any facility 
required to have a permit under this Section may 
request the Director to exempt the facility from the 
requirement to have a permit. The request shall 
be in writing. Along with the request, the owner 
or operator shall submit supporting documentation 
to show that air quality and emission control 
standards will not be, nor are likely to be, 
contravened. This documentation shall include: 

(1) documentation that the facility has no 
air pollution control devices; 

(2) documentation that no source at the 
facility will violate any applicable 
emissions control standard when 
operating at maximum design or 
operating rate, whichever is greater; 
and 

(3) ambient modeling showing that the 
ambient impact of emissions from the 
facility will not exceed the levels in 
15A NCAC 2D .0532(c)(5) when aH 
sources at the facility are operated at 
maximum design or operating rate, 
whichever is greater. 

If the documentation shows to the satisfaction of 
the Director that air quality and emission control 
standards will not be, nor are likely to be, 
contravened, a permit shall not be required. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215.108. 

.0303 DEFINITIONS 

For the purposes of this Section, the following 
definitions apply: 
(T) "New facility" means a facility that is 
receiving a permit from the Division for 
construction and operation of a source of 
an emissions polluting operation that it is 
not currently permitted. 
(2) "Modified facility" means a modification 
of an existing facility or source and: 
(a) The permitted facility or source is being 
modified in such a manner as to require 
the Division to reissue the permit, or 
A new source is being added that 



Part (bj A 



requires the Division to reissue the 

permit. 
A modified facility does not include a 
facility or source that requests to change 
name or ownership, construction or test 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2284 



PROPOSED RULES 



01 



(4) 



iSl 



dates, or reporting procedures, 

"Plans and Specifications" means the 

completed application and any other 

documents required to define the 

operating conditions of the air pollution 

source. 

"Title IV source" means a source that is 



required to be permitted following the 

procedures under Section .0400 of this 

Subchapter. 

"Title V source" means a source that is 

required to be permitted following the 

procedures under Section .0500 of this 

Subchapter. 



Statutory- Authority G.S. 143-213; 143-215. 3(a)(1). 

.0304 APPLICATIONS 

(a) Permit, permit modification, or permit 
renewal applications may be obtained and shall be 
filed in writing in accordance with Rule .0104 of 
this Subchapter. 

(b) Along with filing a complete application 
form, the applicant shall also file the following: 

(1) for a new facility or an expansion of 
existing facility, a consistency 
determination in accordance with G.S. 
143-215. 108(f) that: 

(A) bears the date of receipt entered by 
the clerk of the local government, or 

(B) consists of a letter from the local 
government indicating that all zoning 
or subdivision ordinances are met by 
the facility; 

for a new facility or modification of an 
existing facility, a written description of 
current and projected plans to reduce 
the emissions of air contaminants by 
source reduction and recycling in 
accordance with G.S. 143-215. 108(g); 
and 

if required by the Director, information 
showing that: 
(A) The applicant js financially qualified 
to earn,' out the permitted activities. 
or 

The applicant has substantially 
complied with the air quality and 
emissions standards applicable to any 
activity in which the applicant has 
previously been engaged, and has 
been in substantial compliance with 
federal and state environmental laws 
and rules. 



(2) 



13} 



IB) 



15A NCAC 2D .0530 (prevention of significant 
deterioration) or .0531 (new source review for 
sources in nonattainment areas ) , applicants shall 
file air permit applications at least 180 days before 
the projected construction date. For all other 
sources, applicants shall file air permit applications 
at least 90 days before the projected date of 
construction of a new source or modification of an 
existing source. 

(d) If no modification has been made to the 
originally permitted source, application for permit 
renewal or ownership change may be made by 
letter to the Director at the address specified in 
Rule .0104 of this Subchapter. The renewal or 
ownership change letter must state that there have 
been no changes in the permitted facility since the 
permit was last issued. However, the Director 
may require the applicant for ownership change to 
submit additional information showing that: 

(1) The applicant js financially qualified to 
carry out the permitted activities, or 
The applicant has substantially complied 
with the air quality and emissions 
standards applicable to any activity in 
which the applicant has previously been 
engaged, and has been in substantial 
compliance with federal and state 
environmental laws and rules. 



12} 



(c) For sources subject to the requirements of 



To make a name or ownership change, the 
applicant shall send the Director the number of 
copies of letters specified in Rule .0305(3) or £4] 
of this Section signed by a person specified in 
Paragraph (j) of this Rule. 

(e) Application for changes in construction or 
test dates or reporting procedures may be made by 
letter to the Director at the address specified in 
Rule .0104 of this Section. To make changes in 
construction or test dates or reporting procedures, 
the applicant shall send the Director the number of 
copies of letters specified in Rule .0305(5) of this 
Section signed by a person specified in Paragraph 
1]} of this Rule. 

(f) Applicants shall file applications for renewals 
such that they are received by the Division at least 
90 days before expiration of the permit. 

(g) The permittee shall file requests for permit 
name or ownership changes as soon as the 
permittee is aware of the imminent name or 
ownership change. 

(h) The applicant shall submit the same number 
of copies of additional information as required for 
the application package. 

(i) Whenever the information provided on the 
permit application forms does not adequately 
describe the source and its air cleaning device, the 



2285 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



Director may request that the applicant provide 
any other information that the Director considers 
necessary to evaluate the source and its air 
cleaning device. Before acting on any permit 
application, the Director may request any 
information from an applicant and conduct any 
inquiry or investigation that he considers necessary 
to determine compliance with applicable standards, 
(j) Permit applications submitted pursuant to this 
Rule shall be signed as follows: 

(1) for corporations, by a principal 
executive officer of at least the level of 
vice-president, or his duly authorized 
representative, if such representative is 
responsible for the overall operation of 
the facility from which the emissions 
described in the permit application form 
originates; 

(2) for partnership or limited partnership, 
by a general partner; 

(3) for a sole proprietorship, by the 
proprietor; 

(4) for municipal, state, federal , or other 
public entity, by a principal executive 
officer, ranking elected official, or 
other duly authorized employee. 

(k) A non-refundable permit application 
processing fee shall accompany each application. 
The permit application processing fees are defined 
in Section .0200 of this Subchapter. Each permit 
or renewal application is incomplete until the 
permit application processing fee js received. 

£1} The applicant shall retain for the duration of 
the permit term one complete copy of the 
application package and any information submitted 
in support of the application package. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108. 

.0305 APPLICATION SUBMITTAL 
CONTENT 

(a) If an applicant does not submit, at a 
minimum, the following information with his 
application package, the application package shall 
be returned: 

(1) for new facilities 



and modified 



for new 
facilities: 

(A) an application fee as required under 
Section .0200 of this Subchapter, 

(B) a consistency determination as 
required under Rule .0304(b)(1) of 
this Section, 

(C) a financial qualification or substantial 
compliance statement if required, and 



(D) applications as required under Rule 
.0304(a) of this Section and Paragraph 
(b) of this Rule and signed as required 
by Rule .0304(i) of this Section; 

(2) for renewals; two copies of applications 
as required under Rule .0304(a) and (d) 
of this Section and signed as required 
by Rule .0304(i) of this Section; 

(3) for a name change: two copies of a 
letter signed by the appropriate 
individual listed in Rule ,0304(i) 
indicating the current facility name, the 
date on which the name change shall 
occur, and the new facility name; 

(4) for an ownership change: an application 
fee as required under Section .0200 of 
this Subchapter and: 

(A) two copies of a letter sent by each the 
seller and the buyer indicating the 
change, or 

(B) two copies of a letter sent by either 
bearing the signature of both the 
seller and buyer, containing a written 
agreement with a specific date for the 
transfer of permit responsibility, 
coverage, and liability between the 
current and new permittee; and 

(5) for corrections of typographical errors; 
changes in name, address, or telephone 
number of any individual identified in 
the permit; changes in test dates or 
construction dates; or similar minor 
changes: two copies of a letter signed 
by the appropriate individual listed in 
Rule ,0304(j) of this Section describing 
the proposed change and explaining the 
need for the proposed change. 

(b) The applicant shall submit copies of the 
application package as follows: 

(1) six copies for sources subject to the 
requirements of 15A NCAC 2D .0530, 
.0531, or .1200; or 

(2) three copies for sources not subject to 
the requirements of 15A NCAC 2D 
.0530, .0531, or .1200. 

The Director may at any time during the 
application process request additional copies of the 
complete application package from the applicant. 



Statutory Authority 
143-215. 108. 



G.S. 143-215. 3(a)(1); 



.0306 PERMITS REQUIRING PUBLIC 
PARTICIPATION 

(a) The Director shall provide for public notice 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2286 



PROPOSED RULES 



for comments with an opportunity to request a 

public hearing on draft permits for the following: 

(1) any source that may be designated by 

the Director based on significant public 

interest relevant to air quality; 

a source to which 15 A NCAC 2D 



£2) 
0) 



<4j 



(5) 



161 



.0530 or .0531 applies; 
a source whose emission limitation is 
based on a good engineering practice 
stack height that exceeds the height 
defined i_n JJA NCAC 2D 
.0533(a)(4)(A), (B). or (C); 
a source required to have controls more 
stringent than the applicable emission 
standards in Section 15A NCAC 2D 
.0500 in accordance with 15A NCAC 
2D .0501 when necessary to comply 
with an ambient air quality standard 
under 15A NCAC 2D .0400; 
any physical or operational limitation 
on the capacity of the source to emit a 
pollutant, including air cleaning device 
and restrictions on hours of operation 
or on the type or amount of material 
combusted, stored, or processed, when 
such a limitation is necessary to avoid 
the applicability of rules in 15A NCAC 
2D .0900; 

alternative controls different than the 
applicable emission standards in 15A 
NCAC 2D .0900 in accordance with 
15A NCAC 2D .0952; 



(7) an alternate compliance schedule 
promulgated in accordance with 15A 
NCAC 2D .0910; 
a limitation on the quantity of 



solvent-borne ink that may be used by 
a printing unit or printing system m 
accordance with 15A NCAC 2D .0936; 
an allowance of a particulate emission 
rate of 0.08 grains per dry standard 
cubic foot for an incinerator constructed 
before July \^ 1987. in accordance with 



18) 



(91 



15A NCAC 2D .1205(b)(2): 

( 10) an alternative mix of controls under 
15A NCAC 2D .0501(f); 

(11) a source that is subject to the 
requirements of _15A NCAC 2D .1109 
because of 15A NCAC 2D . 1 109(e): or 

( 12) the owner or operator who requests that 
the draft permit go to public notice with 
an opportunity to request a public 
hearing. 

(b) Failure of the owner or operator of a source 
permitted pursuant to this Rule to adhere to the 



terms and limitations of the permit shall be 
grounds for: 

(1) enforcement action; 

(2) permit termination, revocation and 
reissuance, or modification; or 

(3) denial of permit renewal applications. 

(c) All emissions limitations, controls, and other 
requirements imposed by a permit issued pursuant 
to this Rule shall be at least as stringent as any 
other applicable requirement as defined under Rule 
.0503 of thjs Subchapter. The permit shall not 
waive or make less stringent any limitation or 
requirement contained in any applicable 
requirement. 

(d) Emissions limitations, controls and 
requirements contained in permits issued pursuant 
to the Rule shall be permanent, quantifiable, and 
otherwise enforceable as a practical matter under 
G.S. 143-215. 114A. 143-215. 1 14B. and 
143-215.1 14C. 

(e) If EPA requires the State to submit a permit 
as part of the North Carolina State Implementation 
Plan for Air Quality (SIP) and if the Commission 
approves a permit containing any of the conditions 
described in Paragraph (a) of this Rule as a part of 
the SIP, the Director shall submit the permit to the 
EPA on behalf of the Commission for inclusion as 
part of the federally approved SIP. 

Statutory Authority G.S. 143-215. 3(a)(1). (3); 
143-215.108; 143-215. 114A; 143-215. 114B; 
143-215. 11 4C 

.0307 PUBLIC PARTICIPATION 
PROCEDURES 

(a) This Rule does not apply to sources subject 
to the requirements of f5A NCAC 2D .0530 or 
.0531 or Appendix S or 40 CFR Part 51. For 
sources subject to the requirements of 15A NCAC 
2D .0530 or .0531 or Appendix S of 40 CFR Part 
51. the procedures in J5A NCAC 2D .0530 or 
.0531 or Appendix S of 40 CFR Part 51 shall be 
followed, respectively. 

(b) The public notice shall be given by 
publication in a newspaper of general circulation in 
the area where the facility is located and shall be 
mailed to persons who are on the Division's 
mailing list for air quality permit notices and to 
FPA. 

(c) The public notice shall identify': 

(1 ) the affected facility; 

(2) the name and address of the permittee; 

(3) the name and address of the person to 
whom to send comments and requests 
for public hearing; 



2287 



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PROPOSED RULES 



(4) the name, address, and telephone 
number of Divisional staff a person 
from whom interested persons may 
obtain additional information, including 
copies of the draft permit, the 
application, compliance plan, 
monitoring and compliance reports, all 
other relevant supporting materials, and 
all other materials available to Division 
that are relevant to the permit decision; 

(5) the activity or activities involved m the 
permit action; 

(6) any emissions change involved m any 
permit modification; 

(7) a brief description of the public 
comment procedures; 

(8) the procedures to follow to request a 
public hearing unless a public hearing 
has already been scheduled; and 

(9) the time and place of any hearing that 
has already been scheduled. 

(d) The notice shall allow at least 30 days for 
public and EPA comments. 

(e) If the Director determines that significant 
public interest exists or that the public interest will 
be served, the Director shall require a public 
hearing to be held on a draft permit. Notice of a 
public hearing shall be given at least 30 days 
before the public hearing. 

(f) The Director shall make available for public 
inspection in at least one location in the region 
affected, the information submitted by the permit 
applicant and the Division's analysis of that 
application. 

(g) The Director shall send EPA a copy of each 
draft permit subject to public and EPA comment 
when he sends EPA the notice of request for 
public comment for that permit and shall send 
EPA a copy of each such permit when it is issued. 

(h) Persons who desire to be placed on the 
Division's mailing list for air quality permit 
notices shall send their request to the Director, 
Division of Environmental Management, P.O. Box 
29535, Raleigh, North Carolina 27626-0535 and 
shall pay an annual fee of thirty dollars ($30.00). 

£i} Any persons requesting copies of material 
identified in Subparagraph (b)(4) of this Rule shall 
pay ten cents ($0. 10) a page for each page copied. 
Confidential material shall be handled in 
accordance with Rule .0107 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1), (3); 

143-21 5. 4(b); 143-215.108. 

.0308 FINAL ACTION ON PERMIT 



APPLICATIONS 

(a) The Director may: 

(1) issue a permit, permit modification, or 
a renewal containing the conditions 
necessary to carry out the purposes of 
G.S. 143, Article 21B; 

(2) rescind a permit upon request by the 
permittee; 

(3) deny a permit application when 
necessary to carry out the purposes of 
G.S. 143, Article 21B. 

(b) Any person whose application for a permit. 
permit modification, renewal or letter requesting 
change in name or ownership, construction or test 
date, or reporting procedure, js denied or is 
granted subject to conditions which are 
unacceptable to him shall have the right to appeal 
the Director's decision under Article 3 of G.S. 
150B. The person shall have 30 days following 
receipt of the notice of the Director's decision on 
the application or permit in which to appeal the 
Director's decision. The permit becomes final if 
the applicant does not contest the permit within 
this 30-day period. 

(c) The Director shall issue or renew a permit 
for a period of time that the Director considers 
reasonable, but such period shall not exceed five 
years. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108. 

.0309 TERMINATION, MODIFICATION 
AND REVOCATION OF PERMITS 

(a) The Director may terminate, modify, or 
revoke and reissue any permit issued under this 
Section if: 

(1) The information contained in the 
application or presented in support 
thereof is determined to be incorrect; 

(2) The conditions under which the permit 
or permit renewal was granted have 
changed; 

(3) Violations of conditions contained in 
the permit have occurred; 

(4) The permit holder fails to pay the fee 
required under Section .0200 of this 
Subchapter within 30 days after being 
billed; 

(5) The permittee refuses to allow the 
Director or his authorized 
representative upon presentation of 
credentials: 

(A) to enter, at reasonable times and using 
reasonable safety practices, the 



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2288 



PROPOSED RULES 



permittee's premises in which a 
source of emissions ]s located or hi 
which any records are required to be 
kept under terms and conditions of the 
permit; 

to have access, at reasonable times, to 
any copy or records required to be 
kept under terms and conditions of the 



IB] 



permit; 

(C) to inspect, at reasonable times and 
using reasonable safety practices, any 
source of emissions, control 
equipment, and any monitoring 
equipment or method required in the 
permit; or 

(D) to sample, at reasonable times and 
using reasonable safety practices, any 
emission source at the facility; 

(6) The Director finds that termination, 
modification, or revocation and 
reissuance of a permit is necessary to 
carry out the purpose of G.S. 143, 
Article 2 IB. 

(b) The operation of a facility or source after its 
permit has been revoked is a violation of this 
Section and G.S. 143-215.108. 

(c) The permittee may request modifications to 
his permit. 

(d) When a permit is modified, the proceedings 
shall affect only those parts of the permit that are 
being modified. 

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb); 
143-215.108; 143-215. 114A; 143-215. 1 14B; 
143-215. 11 4C 

. 03 1 PERMITTING OF NUMEROUS 
SIMILAR FACILITIES 

(a) The Director may issue a permit to cover 
numerous similar facilities or sources. 

(b) The Director shall not issue a permit under 
this Rule unless the following conditions are meet: 

(1) There is no unique difference that 
would require special permit conditions 
for any individual facility; and 

(2) No unique analysis is required for any 
facility covered under the permit. 

(c) A permit issued under this Rule shall identify 
criteria by which facilities or sources may qualify 
for the permit. The Director shall grant the terms 
and conditions of the permit to facilities or sources 
that qualify. 

(d) The facility or source shall be subject to 
enforcement action for operating without a permit 
if the facility or source js later determined not to 



qualify for the terms and conditions of the permit 
issued under this Rule. 

(e) The owner or operator of a facility or source 
that qualifies for a permit issued under this Rule 
shall apply for coverage under the terms of the 
permit issued under this Rule or shall apply for a 
standard permit under this Section. 



Statutory Authority G.S. 
143-215. 108. 



.0311 



143-215. 3(a)(1); 



PERMITTING OF FACILITIES AT 
MULTIPLE TEMPORARY SITES 

(a) The Director may issue a single permit 
authorizing emissions from a facility or source at 
multiple temporary sites. 

(b) In order for a facility or source to qualify 
for a permit for multiple temporary sites under this 
Rule, the operation must involve at least one 
change of site during the term of the permit. 

(c) Permits for facilities at multiple temporary 
sites shall include: 



ill 
121 



LAI 



ill 



the identification of each site; 

the conditions that will assure 

compliance with all applicable 

requirements at all approved sites; 

a requirement that the permittee notify 

the Division at least 10 days in advance 

of each change of site; and 

the conditions that assure compliance 

with all other provisions of this Section. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215.108. 

SECTION .0400 - ACID RAIN 
PROCEDURES 

.0401 APPLICABILITY 

(a) The procedures and requirements under this 
Section do not apply until the EPA approves this 
Section and Section .0500 of this Subchapter. 

(b) Each of the following units shall be an 
affected unit, and any facility that includes such a 
unit shall be an affected facility, subject to the 
requirements of the Acid Rain Program: 

A unit listed in 40 CFR Part 73, 



(21 



L^ 



Subpart B^ Table J^ 

A unit that is identified as qualifying 

for an allowance allocation under 

Sections 403 and 405 of the federal 

Clean Air Act and any other existing 

utility unit, except a unit under 

Paragraph (c) of this Rule. 

A utility unit, except a unit under 



2289 



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PROPOSED RULES 



Paragraph (c) of this Rule, that: 

(A) is a new unit; or 

(B) did not serve a generator with a 
nameplate capacity greater than 25 
MWe on November 15, 1990, but 
serves such a generator after 
November 15, 1990. 

(c) The following types of units are not affected 
units subject to the requirements of the Acid Rain 
Program: 

(1) A simple combustion turbine that 
commenced operation before November 
15, 1990. 

(2) Any unit that commenced commercial 
operation before November 15, 1990, 
and that did not, as of November 15, 
1990, and does not currently, serve a 
generator with a nameplate capacity of 
greater than 25 MWe. 

£3} Any unit that, during 1985, did not 
serve a generator that produced 
electricity for sale and that did not, as 
of November 15, 1990, and does not 
currently, serve a generator that 
produces electricity for sale. 

(4) Co-generation units. 

(5) Qualifying facilities, which are 
qualifying small production facilities 
within the meaning of Section 
3(17)(C)of the Federal Power Act or a 
qualifying cogeneration facility within 
the meaning of Section 3(18)(B) of the 
Federal Power Act. 

(6) New independent power production 



facilities. 



01 

Ol 



Solid waste incinerators. 
A non-utility unit. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0402 DEFINITIONS 

The terms used in this Section shall have the 
meanings set forth ]n the federal Clean Air Act 
and in this Subchapter as follows: 

(1) "Acid rain emissions reduction 



01 



requirement" means a requirement under 
the Acid Rain Program to reduce the 
emissions of sulfur dioxide or nitrogen 
oxides from a unit to a specified level or 
by a specified percentage. 
"Acid Rain Program" means the national 
sulfur dioxide and nitrogen oxides air 
pollution control and emissions reduction 
program established in accordance with 



01 



01 



01 

16} 

01 

18} 



i^J 



(10) 



an 



Title IV. 
"Act" means 
U.S.C. 7401, 



the Clean Air Act, 42 
et. seq. as amended by 



101-549 (November 15, 



Public Law No. 

1990). 

"Administrator" means the administrator 

of the United States Environmental 

Protection Agency (EPA) or the 

Administrators's duly authorized 

representative. 

"Affected Facility" means a facility that 

includes one or more affected units. 

"Affected 



Unit" 



means a unit that is 
rain emissions 
or acid rain 



subject to any acid 
reduction requirement 
emissions limitation. 
"Allocate or allocation" means the initial 
crediting of an allowance by the 
Administrator to an allowance Tracking 
System unit account of general account. 
"Allowance" means an authorization by 
the Administrator under the Acid Rain 
Program to emit up to one ton of sulfur 
dioxide during or after a specified 
calendar year. 

"Allowance deduction" or "deduct" when 
referring to allowances means the 
permanent withdrawal of allowances by 
the Administrator from an Allowance 
Tracking System compliance subaccount 
to account for the number of the tons of 
sulfur dioxide emissions from an affected 
unit for the calendar year, for tonnage 
emissions estimates calculated for periods 
of missing data as provided m 40 CFR 
part 75, or for any other allowance 
surrender obligations of the Acid Rain 
Program. 

"Allowance tracking system " means the 
Acid Rain Program system by which the 
Administrator allocates, records, deducts, 
and tracks allowances. 



"Certificate of representation" means the 
completed and signed submission 
required by 40 CFR 72.20, for certifying 
the appointment of a designated 
representative for an affected facility or 
group of identified affected facilities 
authorized to represent the owners and 
operators of such facility(facilities) and of 
the affected units at such facility 
(facilities) with regard to matters under 
the Acid Rain Program. 
"Commenced commercial operation" 
means to have begun to generate 



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March 1, 1994 



2290 



PROPOSED RULES 



(13) 



(14) 

(15) 
(16) 



(19) 
(20) 



(21) 



(22) 



electricity fur sale, including the sale of 
test generation. 

"Designated representative" means a 
responsible natural person authorized by 
the owners and operators of an affected 
facility, and of aU the affected units at 
the facility, as evidenced by a certificate 
of representation submitted in accordance 
with CFR 40 Part 72^ Subpart fi to 
represent and legally bind each owner 
and operator, as a matter of federal law, 
in matters pertaining to the Acid Rain 
Program. Whenever the term 

"responsible official" is used in this 
Subchapter it shall be deemed to refer to 
the "designated representative" with 
regard to all matters under the Acid Rain 
Program. 

"Draft permit" means the version of the 
permit, or the acid rain portion of an 
operating permit, that a permitting 
authority offers for public comment. 
"Facility" means any contiguous group of 
one or more sources. 
"General account" means an Allowance 



Tracking System account that is not a 
unit account. 
(17) "Generator" means any device that 
produces electricity and was or would 
have been required to be reported as a 
generating unit pursuant to the United 
States Department of Energy Form 860 
(1990 edition). 

"mmBtu" means millions of British 
Thermal Units. 



"MWe" means megawatts of electricity. 
"NADB" means the National Allowance 
Data Base. 



(23) 



"Nameplate capacity" means the 
maximum electrical generating output 
(expressed in MWe) that a generator can 
sustain over a specified period of time 
when not restricted by seasonal or other 
deratings. as listed in fjie NADB under 
the data field "NAMECAP" if the 
generator is listed in the NADB or as 
measured in accordance with the United 
States Department of Energy standards if 
the generator is not listed in the NADB. 
"Offset plan" means a plan pursuant to 
40 CFR part 77 for offsetting excess 
emissions of sulfur dioxide that have 
occurred at an affected unit m any 
calendar \ear. 
"Owner or operator" means any person 



(24) 



(25) 



(26) 
(27) 



(28) 



(29) 



(30) 



(31) 



who operates, controls, or supervises an 
affected unit or an affected facility and 
shall include, but not be limited to. any 
holding company, utility system, or plant 
manager of an affected unit or affected 
facility. 

"Permit" as it is used in this Section 
means the legally binding written 
document, or portion of such document, 
issued by the Director including any 
permit revisions, specifying the Acid 
Rain Program requirements applicable to 
an affected facility, to each affected unit 
at an affected facility, and to the owners 
and operators and the designated 
representative of the affected unit or the 
affected facility. In addition, the permit 
shall satisfy the procedures under Section 
.0500 of this Subchapter. 
"Permit revision" means a permit 
modification, fast track modification, 
administrative permit amendment, or 
automatic permit amendment, as provided 
in 40 CFR Part 72, Subpart H. 
"Permitting authority" means either: 

the Administrator, or 

the Director. 



L32) 



"Phase I utility" refers to any of 1 10 
utility plants identified by the EPA and 
listed in Section 404. Table A of the Act. 
Each unit has a nameplate capacity of 
greater than 100 MWe and emits greater 
than 2.5 lbs/mmBtu of sulfur dioxide. 
"Phase II utility" refers to the inclusion 
of additional utilities with capacities 
greater than 25 MWe to the Acid Rain 
Program. 

"Secretary of Energy" refers to the 
Secretary of the United States 
Department of Energy or the Secretary's 
duly authorized representative. 
"Simple Combustion Turbine" means a 
unit that is a rotary engine driven by a 
gas under pressure that is created by the 
combustion of any fuel. This term 
includes combined-cycle units without 
auxiliary firing but excludes such units 
with auxiliary firing. 
"Source" means any governmental, 
institutional, commercial or industrial 
structure, installation, plant or building 
that emits or has the potential to emit any 
regulated air pollutant under the Act. 
"Stack" means a structure that includes 
one or more flues and the housing for the 



2291 



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PROPOSED RULES 



(33) 
(34) 



flues. 

"Unit" means a fossil fuel-fired 

combustion device. 

"Utility" means any person that sells 

electricity. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0403 NEW UNITS EXEMPTION 

(a) A pplicability. This Rule applies to any new 
utility unit that serves one or more generators with 
total nameplate capacity of 25 MWe or less and 
burns only fuels with a sulfur content of 0.05 
percent or less by weight, as determined for a 
sample of each fuel delivery using the methods 
specified in 40 CFR 12.1(A)!. 

(b) Exemption. The designated representative, 
authorized in accordance with 40 CFR 72.20, of a 
facility that includes a unit under Paragraph (a) of 
this Rule may petition the Director for a written 
exemption for the unit from certain requirements 
of the Acid Rain Program in accordance with 40 
CFR 72.7. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0404 RETIRED UNITS EXEMPTION 

(a) Applicability. This Rule applies to any 
affected unit that is retired prior to the issuance 
(including renewal) of a permit for the unit as a 
final action by the Director. 

(b) Exemption. The designated representative, 
authorized in accordance with 40 CFR Part 72, 
Subpart ^ of a facility that includes a unit under 
Paragraph (a) of this Rule may petition the 



Director for a written exemption, or to renew a 
written exemption, for the unit from certain 
requirements of 40 CFR Part 72 m accordance 
with 40 CFR 72.8. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0405 REQUIREMENT TO APPLY 

(a) Duty to apply. The designated representative 
of any facility with an affected unit shall submit a 
complete permit application by the applicable 
deadline in Paragraphs (b) and (c) of this Rule. 
The Owner or Operator shall not operate the 
facility without a permit that states its Acid Rain 
Program requirements. 

(b) Deadlines: 

(1) Phase II. For any facility with an 



existing unit under Subparagraph (b)( 1 ) 
or (2) of Rule .0401 of this Section, the 
designated representative shall submit a 
complete permit application governing 
such unit during Phase II to the 
Director on or before: 



(21 



(A) 

(A} 



1996 for sulfur dioxide; 
1998 for nitrogen oxides. 



£B] 



Ql 



January _L 
January J_. 
New Units. 
For any facility with a new unit under 
Part (b)(3)(A) of Rule .0401 of this 
Section, the designated representative 
shall submit a complete permit 
application governing such unit to the 
Director at least 24 months before the 
later of January _L 2000, or the date 
on which the unit commences 
operation. 

For any facility with a unit under Part 
(b)(3)(B) of Rule .0401, the 
designated representative shall submit 
a complete permit application 
governing such unit to the Director at 
least 24 months before the later of 
January _L 2000, or the date on which 
the unit begins to serve a generator 
with a nameplate capacity greater than 
25 MWe. 
Acid Rain Compliance Option 
Deadlines. The deadlines for applying 
for approval of any acid rain 
compliance options shall be the 
deadlines specified in the relevant 
section of 40 CFR Part 72, Subpart D 
and in Section 407 of the federal Clean 
Air Act and regulations implementing 
section 407 of the federal C lean Air 
Act. 

(c) Duty to Reapply. The designated 
representative shall submit a complete permit 
a pplication for each facility with an affected unit at 
least nine months prior to the expiration of an 
existing permit governing the unit during Phase II. 

(d) Four copies of al] permit applications shall 
be submitted to the Director. 

(e) Permit Issuance Deadline. 

£Tj On or before December 31, 1997, the 
Director shall issue a permit for Phase 
II for sulfur dioxide to each affected 
facility in the State as set forth in 40 
CFR 72.73(a); provided that the 
designated representative for the facility 
submitted a timely and complete permit 
application. Each permit issued in 
accordance with this Rule shall have a 



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2292 



PROPOSED RULES 



(2) 



Ql 



term of five years commencing on its 
effective date. Each permit shall take 
effect by the later of January L, 2000, 
or, where the permit governs a unit 
under Subparagraph (b)(3) of Rule 
.0401 of this Section, the deadline for 



monitor certification under 40 CFR Part 
75. 

Nitrogen Oxides. Not later than January 
j^ 1999, the Director shall reopen the 
permit to add the Acid Rain Program 
nitrogen oxides requirements. Such 
reopening shall not affect the term of 
the acid rain portion of a construction 
and operation permit. 
Grandfathering of Phase II Units. 
Pursuant to the Federal Register, vol. 
57, no. 228, p_. 55634, units that meet 
the following Phase I nitrogen oxides 
emission limitations before 1997: 

0.45 lb/mmBtu for tangentially fired 

boilers; 
(B) 0.50 lb/mmBtu for dry bottom 

wall-fired boilers; 



IA) 



shall be exempted from any revision in 
emission limitations pursuant to Section 

407(b)(2). 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(8); 143-215. 108. 



. 0407 PERMIT APPLICATION SHIELD AND 
BINDING EFFECT OF PERMIT 
APPLICATION 

(a) Once a designated representative submits a 
timely and complete permit application, the owner 
or operator shall be deemed in compliance with the 
requirement to have a permit under 40 CFR 

.0405 of this 

in issuing a 

the 



72.9(a) and Paragraph (a) of Rule 
Section; provided that any delay 
permit is not caused by the failure 



of 



designated representative to submit in a complete 
and timely fashion supplemental information, as 
required by the Director, necessary to issue a 
permit. 

(b) Prior to the earlier of the date on which a 
permit is issued subject to administrative appeal or 
judicial review, an affected unit governed by and 
operated in accordance with the terms and 
requirements of a timely and complete permit 
application shall be deemed to be operating in 
compliance with the Acid Rain Program and this 
Section. 

(c) A complete permit application shall be 
binding on the owners and operators of the 
affected facility and the affected units covered by 
the permit application and shall be enforceable as 
a permit from the date of submission of the 
complete permit application until the final issuance 
or denial of a permit covering the units and subject 
to administrative a ppeal or judicial review. 



.0406 REQUIREMENTS FOR PERMIT 
APPLICATIONS 

A complete permit application shall contain the 
following elements in a format to be specified by 
the Administrator: 

(1) identification of the affected facility for 
which the permit application is submitted; 

(2) identification of each unit at the facility 
for which the permit application is 
submitted; 

(3) a complete compliance plan for each unit, 
in accordance with 40 CFR Part 72, 
Subpart D; 

(4) the standard requirements under 40 CFR 
Part 72.9; and 

(5) if the permit application is for Phase II 
and the unit is a new unit, the date that 
the unit has commenced or will 
commence operation and the deadline for 
monitor certification. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0408 COMPLIANCE PLANS 

For each affected unit included in a permit 
application, a complete compliance plan shall 
follow the requirements under 40 CFR 72.40 
where "permitting authority" is replaced with 
"Director." 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0409 PHASE II REPOWERING 
EXTENSIONS 

The procedures required for a repowering 
extension shall follow the requirements contained 
in 40 CFR 72.44 where "permitting authority" js 
replaced with "Director". 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0410 PERMIT CONTENTS 



2293 



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PROPOSED RULES 



Each permit (including any draft or proposed 
permit) shall contain the following elements: 

(1) all elements required for a complete 
permit application under Rule .0406, as 
approved or modified by the Director; 

(2) the applicable acid rain emissions limita- 
tion for sulfur dioxide; and 

(3) the applicable acid rain emissions limita- 
tion for nitrogen oxides. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0411 STANDARD REQUIREMENTS 

(a) The standard requirements set forth in 
Paragraphs (c) through £i) of this Rule shall be 
binding on all owners and operators (including the 
designated representative) of the affected facility 
and affected units at the facility, 

(b) Except as provided under 40 CFR 72.22, 
each affected facility, including all affected units at 
the facility, shall have one and only one designated 
representative, with regard to alf matters under the 
Acid Rain Program concerning the facility or any 
affected unit at the facility as provided in 40 CFR 
72.20. Each submission under the Acid Rain 
Program shall be submitted, signed, and certified 
by the designated representative for all sources on 
behalf of which the submission is made in accor- 
dance with 40 CFR 72.21. 

(c) Permit Requirements. 

(1) The designated representative of each 

affected facility and each affected unit 

at the facility shall: 

(A) submit a complete permit application 

(including a compliance plan) under 

this Section in accordance with the 

deadlines specified m Rule .0405; 



(B) submit in a timely manner any supple- 
mental information that the Director 
determines is necessary to review a 
permit a pplication and issue or deny a 
permit; 
(2) The owners or operators of each affect- 
ed facility and each affected unit at the 
facility shall have a permit and shall 
operate the unit in compliance with a 
complete permit application or a super- 
seding permit issued by the Director, 
(d) Monitoring Requirements. 
(1) The owners and operators of each 
facility and each affected unit at the 
facility shall comply with all applicable 
monitoring requirements of 40 CFR 
Part 75 and Section 407 of the federal 



an 



ID 



Clean Air Act and rules implementing 
Section 407 of the federal Clean Air 
Act. 

The emissions measurements recorded 
and reported in accordance with 40 
CFR Part 75 and Section 407 of the 
federal Clean Air Act and rules imple- 
menting Section 407 of the federal 
Clean Air Act shall be used to deter- 
mine compliance by the unit with the 
acid rain emissions limitations and 
emissions reduction requirements for 
sulfur dioxide and nitrogen oxides 
requirements under the Acid Rain 
Program. 

The requirements of 40 CFR Part 75 
and regulations implementing Section 
407 of the federal Clean Air Act shall 
not affect the responsibility of the own- 
ers and operators to monitor emissions 
of other pollutants or other emissions 
characteristics at the unit under other 
applicable requirements of the Act and 
other provisions of the operating permit 
for the facility, 
(e) Sulfur Dioxide Requirements. 
(1) The owners and operators of each 
facility and each affected unit at the 
facility shall: 
hold allowances, as of the allowance 
transfer deadline, in the unit's compli- 
ance subaccount (after deductions 
under 40 CFR 73.34(c)) not less than 
the total annual emissions of sulfur 
dioxide for the previous calendar year 
from the unit; and 

comply with the applicable acid rain 
emissions limitations for sulfur diox- 
ide- 
Each ton of sulfur dioxide emitted in 
excess of the acid rain emissions limita- 



£A) 



IB) 



ill 



tions for sulfur dioxide shall constitute 
a separate violation of the federal Clean 
Air Act. 
(3) An affected unit shall be subject to the 
requirements under Subparagraph (e)(1) 
of this Rule as follows: 

(A) starting January _!_, 2000, an affected 
unit under Subparagraph (b)(1) or (2) 
of Rule .0401; 

(B) starting on the later of January J^ 
2000, or the deadline for monitor 
certification under 40 CFR Part 75, 
an affected unit under Subparagraph 
(b)(3) of Rule .0401. 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2294 



PROPOSED RULES 



(4) Allowances shall be held in, deducted 
from, or transferred among Allowance 
Tracking System accounts i_n 
accordance with the Acid Rain 
Program. 

(5) An allowance shall not be deducted, in 
order to comply with the requirements 
under Part (e)(1)(A) of this Rule, prior 
to the calendar year for which the 
allowance was allocated, 

(6) An allowance allocated by the 
Administrator under the Acid Rain 
Program is a limited authorization to 
emit sulfur dioxide in accordance with 
the Acid Rain Program, No provision 
of the Acid Rain Program, the permit 
application, the permit, or the permit 
under 40 CFR Part 72.7 and Part 72.8 
and no provision of law shall be 
construed to limit the authority of the 
United States to terminate or limit such 
authorization. 

(7) An allowance allocated by the 
Administrator under the Acid Rain 
Program does not constitute a property 
right. 

(f) Nitrogen Oxides Requirements. The owners 
and operators of the facility and each affected unit 
at the facility shall comply with the applicable acid 
rain emissions limitation established by rules 
implementing Section 407 of the federal Clean Air 
Act, as modified by a permit application and a 
permit jn accordance with the requirements of the 
Acid Rain Program. 

(g) Excess Emissions Requirements. The owners 
and operators of an affected unit that has excess 
emissions for sulfur dioxide or nitrogen oxides fn 
any calendar year shall: 

(1) pay without demand the penalty 
required, and pay upon demand the 
interest on that penalty, as required by 
40 CFR Part 77; and 

(2) submit a proposed offset plan and 
comply with the terms of an approved 
offset plan, as required by 40 CFR Part 
TL 

(h) Recordkeeping and Reporting Requirements. 
(1) Unless otherwise provided, the owners 
and operators of the facility and each 
affected unit at the facility shall keep on 
site at the facility each of the following 
documents for a period of five years 
from the date the document is created; 
this period may be extended jf there is 
a change in applicable requirements, at 



any time prior to the end of five years, 
in writing by the Administrator or 
Director: 
(A) the certificate of representation for the 
designated representative for the 
facility and each affected unit at the 
facility and all documents that 
demonstrate the truth of the 
statements in the certificate of 
representation, m accordance with 40 
CFR Part 72.24; provided that the 
certificates and documents shall be 
retained on site at the facility beyond 
such five-year period until such 
documents are superseded because of 
the submission of a new certificate of 
representation changing the designated 
representative; 

all emissions monitoring information. 
In accordance with 40 CFR Part 
75.50(a); 

copies of all reports, compliance 
certifications, and other submissions 
and all records under the Acid Rain 
Program; and 

copies of all documents used to 
complete a permit application and any 
other submission under the Acid Rain 
Program or to demonstrate 
compliance with the requirements of 
the Acid Rain Program. 
The designated representative shall 
submit the reports and compliance 
certifications required under the Acid 
Rain Program, including those under 40 
CFR Part 72, Subpart L and 40 CFR 
Part 75. 
£i) Exempted Units. 
(1) The owners and operators of each unit 
exempted under Rule .0403 of this 
Section shall retain at the facility that 
includes the unit, the records of the 
results of the tests required to be 
performed under 40 CFR 72.7(d)(2) 
and a copy of the purchase agreements 
for the fuel burned in the exempted 
unit, stating the sulfur content of such 
fuel. Such records and documents shall 
be retained for five years from the date 
they are created. 



LSI 



i£l 



cm 



l2j 



(2) On the 



On the earlier of the date the written 
exemption expires, the date a unit 
exempted under Rule .0403 of this 
Section burns any fuel with a sulfur 
content in excess of 0.05 percent by 



2295 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



> 



weight (as determined in accordance 
with 40 CFR 72.7(d)(2)), or 24 months 
prior to the date the unit first serves 
one or more generators with a total 
nameplate capacity in excess of 25 
MWe, the unit shall no longer be 
exempted under Rule .0403 of this 
Section and shall be subject to all 
requirements of the Acid Rain 
Program, except that: 



£3} 



Acid Rain Program . 
Any provision of the 



(A) Notwithstanding Rule .0405(1?) and (c) 
of this Section, the designated 
representative of the facility that 
includes the unit shall submit a 
complete acid rain permit application 
on the later of January 1, 1998, or the 
date that the unit is no longer 
exempted under Rule .0403 of this 
Section; and 

(B) For purposes of applying monitoring 
requirements under 40 CFR Part 75, 
the unit shall be treated as a new unit 
that commenced commercial operation 
on the date the unit no longer meets 
the requirements in Rule .0403(a) of 
this Section. 

(3) The owners and operators of a unit 
exempted under Rule .0404 shall 
comply with monitoring requirements in 
accordance with 40 CFR Part 75 and 
will be allocated allowances in 
accordance with 40 CFR Part 73. 

(4) A unit exempted under Rule .0404 of 
this Section shall not resume operation 
unless the designated representative of 
the facility that includes the unit 
submits an Acid Rain permit application 
for the unit not less than 24 months 
prior to the later of January J_, 2000, or 
the date the unit is to resume operation. 
On the earlier of the date the written 
exemption expires or the date an Acid 
Rain permit application is submitted or 
is required to be submitted under this 
Subparagraph, the unit shall no longer 
be exempted under Rule .0404 of this 
Section and shall be subject to all 
requirements of 40 CFR Part 72. 

£j) Liability. 

(1) No permit revision shall excuse any 
violation of the requirements of the 
Acid Rain Program that occurs prior to 
the date that the revision takes effect. 

(2) Each affected facility and each affected 
unit shall meet the requirements of the 



Acid Rain 
Program that applies to an affected 
facility shall also a pply to the owners 
and operators (including the designated 
representative) of such facility and of 
the affected units at the facility. 

(4) Any provision of the Acid Rain 
Program that applies to an affected unit 
shall also apply to the owners and 
operators (including the designated 
representative) of such unit. Except as 
provided under Rule .0409 of this 
Section, and Sections 407 of the federal 
Clean Air Act, and rules im plementing 
Section 407 of the federal Clean Air 
Act, and except with regard to the 
requirements a pplicable to units with a 
common stack under 40 CFR Part 75 
(including 40 CFR Parts 75.16, 75.17. 
and 75.18), the owners and operators 
and the designated representative of one 
affected unit shall not be liable for any 
violation by any other affected unit of 
which they are not owners or operators 
and that is at the same facility unless 
they are owners or operators of that 
facility. 

(5) Any violation of a provision of 40 CFR 
Parts 72^ 73^ 75^ 77, and 78^ or rules 
implementing Sections 407 of the 
federal Clean Air Act by an affected 
unit, or by an owner or operator or 
designated representative of such unit, 
shall be a separate violation. 

(k) Effect on Other Authorities. No provision of 
the Acid Rain Program, a permit application, a 
permit, or a written exemption under Rule .0403 
and .0404 of this Section shall be construed as: 

(1) except as expressly provided in Title 
IV, exempting or excluding the owners 
and operators of an affected facility or 
affected unit from compliance with any 
other provision of the federal Clean Air 
Act, including the provisions of Title I 
of the federal Clean Air Act relating to 
applicable national ambient air quality 
standards or state implementation plans; 

(2) limiting the number of allowances a 
unit can hold; provided, that the 
number of allowances held by the unit 
shall not affect the facility's obligation 
to comply with any other provisions of 
the federal Clean Air Act or Subchapter 
2D of Title 15 A; 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2296 



PROPOSED RULES 



(3) requiring a change of any kind in any 
State law regulating electric utility rates 
and charges, affecting any State law 
regarding such State regulation, or 
limiting such State rule, including any 
prudence review requirements under 
such State law; 

(4) modifying the Federal Power Act or 
affecting the authority of the Federal 
Energy Regulatory Commission under 
the Federal Power Act; or 

(5) interfering with or impairing any 
program for competitive bidding for 
power supply in a State in which such 
program is established. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-21 5. 107(a)(8); 143-215.65; 143-215.66; 
143-215. 108. 

.0412 PERMIT SHIELD 

Each affected unit operated m accordance with 
the permit that governs the unit and that was 
issued in compliance with Title IV, as provided m 
this Part, 40 CFR Parts 73, 75, 77, and 78, and 
the rules implementing Sections 407 of the federal 
Clean Air Act, shall be deemed to be operating in 
compliance with the Acid Rain Program, except as 
provided in Subparagraph (i)(6) of Rule ,041 1 of 
this Section. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215.108. 

.0413 PERMIT REVISIONS GENERALLY 

(a) The permit revision procedures shall govern 
revisions to any acid rain portion of any 
construction and operation permit. 

(b) The permit revision procedures shall 
supersede the permit revision procedures specified 
in Section .0500 of this Subchapter with regard to 
revision of any Acid Rain Program permit 
provision. 

(c) A permit revision may be submitted for 
approval at any time. No permit revision shall 
affect the term of the permit to be revised. No 
permit revision shall excuse any violation of an 
Acid Rain Program requirement that occurred 
prior to the effective date of the revision. 

(d) Except for minor permit modifications or 
administrative amendments, the terms of the 
permit shall apply while the permit revision is 
pending. 

(e) Any determination by the Director or a State 
court modifying or voiding any permit provision 



shall be subject to review by the Administrator in 
accordance with 40 CFR 70.8(c), unless the 
determination or interpretation is an administrative 
amendment approved in accordance with Rule 
.0416 of this Section. 

(f) The standard requirements of 40 CFR Part 
72.9 shall not be modified or voided by a permit 
revision. 

(g) Any permit revision involving incorporation 
of a compliance option that was not submitted for 
approval and comment during the permit issuance 
process, or involving a change in a compliance 
option that was previously submitted, shall meet 
the requirements for applying for such compliance 
option under Rule .0409 of this Section and 
Section 407 of the federal Clean Air Act and rules 
implementing Section 407 of the federal Clean Air 
Act. 

(h) For permit revisions not described in Rules 
.0414 and .0415 of this Section, the Director may. 
at his discretion, determine which of these Rules is 
applicable. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0414 PERMIT MODIFICATIONS 

(a) The following permit revisions shall follow 
the permit modification procedures: 

(1) relaxation of an excess emission offset 
requirement after approval of the offset 
plan by the Administrator, 

(2) incorporation of a final nitrogen oxides 
alternative emission limitation following 
a demonstration period, or 

(3) determination of whether efforts to 
design, construct, and test repowering 
technology under a repowering 
extension plan were in good faith and 
whether such repowering technology 
was properly constructed and tested 
under 40 CFR 72.44(g)(l)(i) and (2). 

(b) The following permit revisions shall follow 
either the permit modification procedures or the 
fast-track modification procedures under Rule 
.0415 of this Section: 

(1) incorporation of a compliance option 
that the designated representative did 
not submit for approval and comment 
during the permit issuance process; 

(2) addition of a nitrogen oxides alternative 
emissions limitation demonstration 
period or a nitrogen oxides averaging 
plan to a permit; or 

(3) changes in a repowering plan, nitrogen 



2297 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



oxides averaging plan, nitrogen oxides 

alternative emissions limitation 

demonstration period, or nitrogen 

oxides compliance deadline extension. 

(c) Permit modifications shall follow the 

requirements of Rules .0410 and ,0412 of this 

Section and Section .0500 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0415 FAST-TRACK MODIFICATIONS 

All fast-track modifications applicable to sources 
subject to the acid rain portion of this Section shall 
follow the procedures given in 40 CFR 72.80 
where "permitting authority" shall be replaced with 
"Director". 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0416 ADMINISTRATIVE PERMIT 
AMENDMENT 

(a) The following revisions to the acid rain 
portion of the permit shall follow the 
administrative permit amendment procedures: 

(1) activation of a compliance option 
conditionally approved by the Director, 
provided that all requirements for 
activation under 40 CFR Part 72, 
Subpart D, are met; 

(2) changes in the designated representative 
or alternative designated representative, 
provided that a new certificate of 
representation is submitted; 
correction of typographical errors; 
changes m names, addresses, or 



£3} 

141 

13) 



telephone or facsimile numbers; 
changes in the owners or operators, 
provided that a new certificate of 
representation is submitted within 30 
days; and 
(6) termination of a compliance option in 
the permit, provided that this procedure 
shall not be used to terminate a 
repowering plan after December 31, 
1999. 
(b) Administrative amendments shall follow the 

procedures set forth under Section .0500 of this 

Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0417 AUTOMATIC PERMIT AMENDMENT 



The following permit revisions shall be deemed 

to amend automatically, and become a part of, the 

affected unit's permit by operation of law without 

any further review: 

(1) upon recordation by the Administrator 

under 40 CFR Part 73 all allowance 

allocations 

deductions 



to, 
from 



transfers to. 



an affected 



and 
unit's 



(2} 



Allowance Tracking System account; and 
incorporation of an offset plan that has 
been approved by the Administrator 
under 40 CFR Part 77. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

.0418 PERMIT REOPENINGS 

(a) As provided in Section .0500 of this 
Subchapter, the Director shall reopen a permit for 
reasons specified in Rule .0517 of this Subchapter, 
including whenever additional requirements 
become applicable to any affected unit governed 
by the permit. 

(b) Upon reopening a permit for reasons 
specified in Rule .0517 of this Subchapter, the 
Director shall issue a draft permit changing the 
provisions, or adding the requirements, for which 
the reopening was necessary. 

(c) As necessary, the Director shall reopen a 
permit to incorporate nitrogen oxides 
requirements, consistent with Section 407 of the 
federal Clean Air Act and rules implementing 
Section 407 of the federal Clean Air Act. 

(d) Any reopening of a permit shall not affect 
the term of the permit. 

Statutory' Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(8); 143-215. 108. 

SECTION .0500 - TITLE V PROCEDURES 

.0501 PURPOSE OF SECTION AND 

REQUIREMENT FOR A PERMIT 

(a) The purpose of this Section is to establish an 
air quality permitting program as required under 
Title V and 40 CFR Part 70. 

(b) The procedures and requirements under this 
Section do not apply until EPA approves this 
Section. 

(c) With the exception in Paragraph (d) of this 
Rule, the owner or operator of an existing facility, 
new facility, or modification of an existing facility 
(except for minor modifications under Rule .0515 
of this Section), including significant modifications 
that would not contravene or conflict with a 



8:23 



NORTH CAROLINA REGISTER 



March I, 1994 



2298 



PROPOSED RULES 



condition in the existing permit, subject to the 
requirements of this Section shall not begin 
construction without first obtaining: 

(1) a construction and operation permit 
following the procedures under this 
Section (except for Rule .0504), or 

(2) a construction and operation permit 
following the procedures under Rule 
.0504 and filing a complete application 
within 12 months after commencing 
operation to modify the construction 
and operation permit to meet the 
requirements of this Section. 

(d) If the permittee proposes to make a 
significant modification under Rule .0516 of this 
Section that would contravene or conflict with a 
condition in the existing permit, he shall not begin 
construction or make the modification until he has 
obtained: 

a construction and operation permit 
following the procedures under this 
Section (except for Rule .0504 of this 
Section): or 



ill 



ill 



a construction and operation permit 
following the procedures under Rule 
.0504 of this Section and, before 
beginning operation, files an application 
and obtains a permit modifying the 
construction and operation permit to 
meet the requirements of this Section 
(except for Rule .0504 of this Section). 

(e) All facilities subject to this Section must 
have a permit to operate that assures compliance 
with 40 CFR Part 70 and all applicable 
requirements. 

(f) Except as allowed under Rule .0515 (minor 
modifications) of this Section, no facility subject to 
the requirements of this Section may operate after 
the time that it is required to submit a timely and 
complete application under this Section except in 
compliance with a permit issued under this 
Section. This Paragraph does not apply to initial 
submittals under Rule .0506 of this Section or to 
permit renewals under Rule .0513 of this Section. 

£g) If the conditions of Rule .0512(b) 
(application shield) of this Section are met, the 
facility's failure to have a permit under this 
Section shall not be a violation. 

(h) The owner or operator of a facility or source 
subject to the requirements of this Section may 
also be subject to the toxic air pollutant procedures 
under 15A NCAC 2H .0610. 

(i) The owner or operator of an affected unit 
subject to the acid rain program requirements of 
Title IV is also subject to the procedures under 



Section .0400 of this Subchapter. 

fj) The owner or operator of a facility' subject to 
the requirements of this Section shall pay permit 
fees jn accordance with the requirements of 
Section .0200 of this Subchapter. 

Statutory Authority- G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0502 APPLICABILITY' 

(a) Except as provided in Paragraph (b) of this 
Rule, the following facilities are required to obtain 
a permit under this Section: 

( 1 ) major facilities: 

(2) facilities with a source subject to 15A 
NCAC 2D .0524 or 40 CFR Part 60, 
except new residential wood heaters: 

(3) facilities with a source subject to 15A 
NCAC 2D .0525 or 40 CFR Part 6L 
except asbestos demolition and 
renovation activities: 
facilities with a source subject to 40 
CFR Part 63 or any other standard or 
other requirement under Section 1 12 of 
the federal Clean Air Act, except that a 
source is not required to obtain a 
permit solely because it is subject to 
rules or requirements under Section 
112(r) of the federal Clean Air Act: 
facilities to which 15A NCAC 2D 

.0529. 



I 



iiJ 



£5J 

161 

ill 



.0528. 



or 



.0534 



.0517(2). 

applies: 

facilities with a source subject to Title 

IV or 40 CFR Part 72, or 

facilities 



in 



source category 



designated by EPA as subject to the 
requirements of 40 CFR Part 70. 

(b) This Section does not apply to minor 
facilities with sources subject to requirements of 
15A NCAC 2D .0524 or .0525 or 40 CFR Part 
60. 61. or 63 until EPA requires these facilities to 
have a permit under 40 CFR Part 70. 

(c) Research and development operations located 
at manufacturing facilities shall be considered as a 
separate and discrete facility for the purposes of 
determining whether such operations constitute a 
major facility subject to the permitting 
requirements of this Section. Except where such 
research and development operations by 
themselves constitute a major facility, they shall be 
exempted fro m the permitting requirements of this 
Section. 

(d) Once a facility is subject to this Section 
because of emissions of one pollutant, the owner 
or operator of that facility shall submit an 



# 






I 



2299 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



PROPOSED RULES 



application that includes all sources of all regulated 
air pollutants located at the facility except for 
insignificant activities exempted because of 
category under Rule .0102(b)(1) of this 
Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0503 DEFINITIONS 

For the purposes of this Section, the definitions 

in G.S. 143-212 and 143-213 and the following 

definitions apply: 

(1) "Affected States" means all states or local 

air pollution control agencies whose areas 

of jurisdiction are: 

(a) contiguous to North Carolina and 

located less than D = Q/12.5 from the 

facility, where: 

(i) Q = emissions of the pollutant 

emitted at the highest permitted rate 

in tons per year, and 

(ii) D jf. distance from the facility to the 

contiguous state or local air pollution 

control agency in miles unless the 

applicant can demonstrate to the 

satisfaction of the Director that the 

ambient impact in the contiguous 

states or local air pollution control 

agencies is less than the incremental 

ambient levels in 15A NCAC 2D 



fa} 



.0532 (c)(5); or 
within 50 miles 



of the permitted 



facility. 
"Applicable requirements" means: 
any requirement of this Section; 
any standard or other requirement 
provided for in the implementation plan 
approved or promulgated by EPA 
through rulemaking under Title I of the 
federal Clean Air Act that implements 
the relevant requirements of the federal 
Clean Air Act including any revisions 
to 40 CFR Part 52: 

(c) any term or condition of a construction 
permit for a facility covered under 15A 
NCAC 2D .0530, .0531, or .0532; 

(d) any standard or other requirement 
under Section 1 1 1 or 1 12 of the federal 
Clean Air Act, but not including the 
contents of any risk management plan 
required under Section 1 12 of the 
federal Clean Air Act; 

(e) any standard or other 
under Title IV; 



requirement 



(f) any standard or other requirement 
governing solid waste incineration 
under Section 129 of the federal Clean 
Air Act; 

(g) any standard or other requirement 
under Section 183(e), 183(f), or 328 of 
the federal Clean Air Act; 

(h) any standard or requirement under Title 
VI of the federal Clean Air Act unless 
a permit for such requirement is not 
required under this Section; 

(i) any requirement under Section 504(b) 
or 1 14(a)(3) of the federal Clean Air 
Act; or 

(j) any national ambient air quality 

standard or increment or visibility 
requirement under Part C of Title I of 
the federal Clean Air Act, but only as 
it would apply to temporary sources 
permitted pursuant to 504(e) of the 
federal Clean Air Act. 

(3) "Complete application" means an 
application that provides all information 
described under 40 CFR 70.5(c) and such 
other information that is necessary to 
determine compliance with all applicable 
requirements. 

(4) "Draft permit" means the version of a 
permit that the Division offers public 
participation under Rule .0521 of this 
Section or affected State review under 
Rule .0522 of this Section. 

(5) "Emissions allowable under the permit" 
means a federally enforceable permit 
term or condition determined at issuance 
to be an applicable requirement that 
establishes an emissions limit (including 
a work practice standard) or a federally 
enforceable emissions cap that the facility 
has assumed to avoid an applicable 
requirement to which the facility would 
otherwise be subject. 

(6) "Final permit" means the version of a 
permit that the Director issues that has 
completed all review procedures required 
under this Section if the permittee does 
not file a petition under Article 3 of G.S. 
150B. 

(7) "Fugitive emissions" means those 
emissions which could not reasonably 
pass through a stack, chimney, vent, or 
other functionally-equivalent opening. 

(8) "Insignificant activities" means any 
activity exempted under Rule .0102 or 
,0508(aa) of this Subchapter. 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2300 



PROPOSED RULES 



(9) 

(10) 

LLU 
(12) 
(13) 
(14) 

(15) 



(16) 

(17) 
(18) 
(19) 



(20) 



"Insignificant activities exempted because 

of category" means any activity exempted 

under 15A NCAC 2Q .0102(b)(1). 

"Insignificant activities exempted because 

of size or production rate" means any 

activity exempted under 15A NCAC 2Q 

.0102(b)(2). 

"Major facility" means a major source as 

defined under 40 CFR 70.2. 

"Minor facility" means any facility that |s 

not a major facility. 

"Operation" means the utilization of 

equipment that emits regulated pollutants. 

"Permit renewal " means the process by 

which a permit is reissued at the end of 

its term. 



"Permit revision" means any permit 
modification under Rule .0515, .0516, or 
.0517 of this Section or any 
administrative permit amendment under 
Rule .0514 of this Section. 
"Proposed permit" means the version of 
a permit that the Director proposes to 
issue and forwards to EPA for review 
under Rule .0522 of this Section. 
"Relevant source" means only those 
sources that are subject to applicable 
requirements. 

"Responsible official" means a 
responsible official as defined under 40 
CFR 70.2. 

"Section 502(b)(10) changes" means 
contravene an 



changes that 

permit term or condition 



(21) 



express 
Such changes 
do not include changes that would violate 
applicable requirements or contravene 
federally enforceable permit terms and 
conditions that are monitoring (including 
test methods), recordkeeping, reporting, 
or compliance certification requirements. 
"Synthetic minor facility" means a 
facility that would otherwise be required 
to follow the procedures of this Section 
except that the potential to emit js 
restricted by one or more federally 
enforceable physical or operational 
limitations, including air pollution control 
equipment and restrictions on hours or 
operation, the type or amount of material 
combusted, stored, or processed, or 
similar parameters. 
"Timely" means: 
for initial permit submittals under Rule 
.0506 of this Section, before the end of 
the time period specified for submittal 



of an application for the respective 
Standard Industrial Classification; 

(b) for a new facility, one year after 
commencing operation; 

(c) for renewal of a permit previously 
issued under this Section, nine months 
before the expiration of that permit; 

(d) for a mino r modification under Rule 
.0515 of this Section, before 
commencing the modification; 

(e) for a significant modification under 
Rule .0516 of this Section where the 
change would not contravene or conflict 
with a condition in the existing permit, 
12 months after commencing operation; 

(f) for reopening for cause under Rule 
.0517 of this Section, as specified by 
the Director in the request for 
additional information by the Director; 
or 

(g) for requests for additional information. 
as specified by the Director in the 
request for additional information by 
the Director. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-212; 
143-213. 

.0504 OPTION FOR OBTAINING 

CONSTRUCTION AND OPERATION 
PERMIT 

(a) Pursuant to Rule .0501(c) or (d)(2) of this 
Section, the owner or operator of a new or 
modified facility subject to the requirements of this 
Section that chooses to obtain a construction and 
operation permit before the facility must obtain a 
permit under this Section may file an application 
under Section .0300 of this Subchapter. 

(b) The applicant shall state in his permit 
application that he wishes to follow the procedures 
under this Rule. 

(c) If the option allowed under Rule .0501(c)(1) 
of this Section is used, then the application 
processing procedures for prevention of significant 
deterioration under I5A NCAC 2D .0530 and new 
source review for nonattainment areas under 15A 
NCAC 2D .0531 do not apply, if the option 
allowed under Rule .0501(c)(2) of this Section is 
used, then the application processing procedures in 
this Section and: 



ill 



Qi 



under 15A NCAC 2D .0530 for 

prevention of significant deterioration. 

or 

under 15A NCAC 2D .0531 for new 

source review for nonattainment areas. 



2301 



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PROPOSED RULES 



shall apply. 

(d) If the procedures under Section .0300 of this 
Subchapter are followed, the permittee shall have 
one year from the date of beginning operation of 
the facility or source to file an amended 
application following the procedures of this 
Section, The Director shall place a condition in 
the construction and operation permit stating this 
requirement. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0505 APPLICATION SUBMITTAL 
CONTENT 

If an applicant does not submit, at a minimum, 
the following information with his application 
package, the application package shall be returned: 

(1) for new facilities and modified facilities: 

(a) an application fee as required under 
Section .0200 of this Subchapter, 

(b) a consistency determination as required 
under Rule .0507(d)(1) of this Section, 

(c) a financial qualification or substantial 
compliance statement if required, and 

(d) applications as required under Rule 
.0507(a) and (e) of this Section and 
signed as required by Rule .0520 of this 
Section; 

(2) for renewals: applications as required 
under Rule .0507(a) and (e) of this 
Section and signed as required by Rule 
.0520 of this Section: 

(3) for a name change: three copies of a 
letter signed by the a responsible official 
in accordance with Rule .0520 indicating 
the current facility name, the date on 
which the name change shall occur, and 
the new facility name: 

(4) for an ownership change: an application 
fee as required under Section .0200 of 
this Subchapter, and: 

(a) three copies of a letter sent by each the 
seller and the buyer indicating the 
change, or 

(b) three copies of a letter sent by either 
bearing the signature of both the seller 
and buyer, and containing a written 
agreement with a specific date for the 
transfer of permit responsibility, 
coverage, and liability between the 
current and new permittee; and 

(5) for corrections of typographical errors; 
changes name, address, or telephone 
number of any individual identified in the 



permit; changes 
construction dates; 



in test date s or 
or similar minor 
changes: three copies of a letter signed 
by a responsible official jn accordance 
with Rule .0520 of this Section 
describing the proposed change and 
explaining the need for the proposed 
change. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0506 INITIAL PERMIT APPLICATION 
SUBMITTAL 

(a) The owner or operator of any facility 
required to have a permit under this Section shall 
file a permit application with the Director as 
follows: 

(1) Facilities with a Standard Industrial 
Classification code of: 

(A) 0000 through 2499, or 
(BJ 3400 through 9999 (except 4911), 
shall file a permit application between 
the first day and the 60th day following 
approval of this Section by EPA; 

(2) Facilities with a Standard Industrial 
Classification code of: 

(A) 2500 through 2599, or 

IBj 3200 through 3299, 

shall file a permit application between 
the 90th day and the 150th day 
following approval of this Section by 
EPA; or 

(3) Facilities with a Standard Industrial 
Classification code of: 

(A) 2600 through 3199, 
(BJ 3300 through 3399, or 
iCJ 4911, 

shall file a permit application between 
the 180th day and 240th day following 
approval of this Section by EPA. 
Facilities having more than one Standard Industrial 
Classification code shall file a permit application 
when the first Standard Industrial Classification is 
called for the facility. 

(b) The Director may allow the owner or 



operator of a facility additional time to submit the 
permit application required under Paragraph (a) of 
this Rule provided that: 

(1) The owner or operator of the facility 
can demonstrate that he cannot comply 
with the schedule in Paragraph (a) of 
this Rule, and 

(2) The application is submitted within 12 
months following approval of this 



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2302 



PROPOSED RULES 



Section by EPA. 

(c) If the owner or operator of a facility submits 
the permit application required under Paragraph (a) 
of this Rule before he is required to submit the 
application under Paragraph (a) of this Rule, the 
Director shall not consider the application to have 
been submitted for the purposes of completeness 
review until the first day of the scheduled 
submittal under Paragraph (a) of this Rule. 

(d) The Director shall notify, in writing. 



currently permitted facilities that may be subject to 
this Section of the date that EPA approves this 
Section. 

(e) The Director shall take final action on any 
completed permit application containing an early 
reduction demonstration under Section 1 12(i)(5) of 
the federal Clean Air Act within nine months of 
receipt of the complete application. 

(f) The submittal of permit applications and the 
permitting of facilities subject to Title IV shall 
occur in accordance with the deadlines in Title IV 
and Section .0400 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0507 APPLICATION 

(a) Except for: 
(1) minor permit modifications covered 
under Rule .0515 of this Section, 
significant modifications covered under 



£2) 



Rule .0516(c) of this Section, or 
permit applications submitted under 
Rule .0506 of this Section, 
the owner or operator of a source shall have one 
year from the date of beginning of operation of the 
source to file a complete application for a permit 
or permit revision. However, the owner or 
operator of the source shall not begin construction 
or operation until he has obtained a construction 
and operation permit pursuant to Rule .0501(c) or 
(d) and Rule .0504 of this Section. 

(b) The application shall include all the 
information described in 40 CFR 70.5(c), 
including a list of insignificant activities exempted 
because of size or production rate under Rule 
.0102(b)(2) or ,0508(aa) of this Subchapter, but 
not including insignificant activities exempted 
because of category under Rule .0102(b)(1) of this 
Subchapter. The application form shall be 
certified by a responsible official for truth, 
accuracy, and completeness. In the application 
submitted pursuant to this Rule, the applicant may 
attach copies of applications submitted pursuant to 
Section .0400 of this Subchapter or J_5_A NCAC 



2D .0530 or .0531, provided the information in 
those ap plications contains information required in 
this Section and is current, valid, and complete. 

(c) Application for a permit, permit revision, or 
permit renewal shall be made in accordance with 
Rule .0104 of this Subchapter on official forms of 
the Division and shall include plans and 
specifications giving all necessary data and 
information as required by the application form. 
Whenever the information provided on these forms 
does not describe the source or its air pollution 
abatement equipment to the extent necessary to 
evaluate the application, the Director may request 
that the applicant provide any other information 
that the Director considers necessary to evaluate 
the source and its air pollution abatement 
equipment. 

(d) Along with filing a complete application 
form, the applicant shall also file the following: 

(1) for a new facility or an expansion of 
existing facility, a consistency 
determination in accordance with G.S. 
143-215. 108(f) that: 
bears the date of receipt entered by 
the clerk of the local government, or 
consists of a letter from the local 
government indicating that all zoning 
or subdivision ordinances are met by 
the facility; 
for a new facility or modification of an 
existing facility, a written description of 
current and projected plans to reduce 
the emissions of air contaminants by 
source reduction and recycling in 
accordance with G.S. 143-215. 108(g); 
and 

if required by the Director, information 
showing that: 
The applicant is financially qualified 
to carry out the permitted activities, 
or 

The applicant has substantially 
complied with the air quality and 
emissions standards applicable to any 
activity in which the applicant has 
previously been engaged, and has 
been in substantial compliance with 
federal and state environmental laws 
and rules. 



IA) 
IB] 



12} 



13) 



IA} 



mi 



(e) The applicant shall submit copies of the 
application package as follows: 

(1) for sources subject to the requirements 
of 15A NCAC 2D .0530, .0531, or 
. 1200, six copies plus one additional 
copy for each affected state that the 



2303 



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PROPOSED RULES 



£2) 



Director has to notify; 

for sources not subject to the 



requirements of 15A NCAC 2D .0530, 

.0531, or .1200, four copies plus one 

additional copy for each affected state 

that the Director has to notify. 

The Director may at any time during the 

application process request additional copies of the 

complete application package from the applicant. 

(f) The Division shall review all applications 
within 60 days of receipt of the application to 
determine whether the application is complete or 
incomplete and so notify the applicant. The 
notification shall be a letter: 

(1) stating that the application is deemed 
complete; 

(2) stating that the application is incomplete 
and requesting additional information; 

0£ 

(3) stating that the application is incomplete 
and that the applicant needs to rewrite 
the application and resubmit iL 

If the Division does not notify the applicant by 
letter dated within 60 days of receipt of the 
application that the application is incomplete, the 
application shall be deemed complete. A 
completeness determination shall not prevent the 
Director from requesting additional information at 
a later date when such information is considered 
necessary to properly evaluate the source or its air 
pollution abatement equipment. A completeness 
determination shall not be necessary for minor 
modifications under Rule .0514 of this Section. 

(g) Any applicant who fails to submit any 
relevant facts or who has submitted incorrect 
information in a permit application shall, upon 
becoming aware of such failure or incorrect 
submittal, submit, as soon as possible, such 
supplementary facts or corrected information. In 
addition, an applicant shall provide additional 
information as necessary to address any 
requirements that become applicable to the source 
after the date he filed a complete application but 
prior to release of a draft permit. 

(h) The applicant shall submit the same number 
of copies of additional information as required for 
the application package. 

(i) The submittal of a complete permit 
application shall not affect the requirement that any 
facility have a preconstruction permit under 15A 
NCAC 2D .0530, .0531, or .0532 or under 
Section .0400 of this Subchapter. 

(j) The Director shall give priority to permit 
applications containing early reduction 
demonstrations under Section 1 12(i)(5) of the 



federal Clean Air Act. The Director shall take 
final action on such permit applications as soon as 
practicable after receipt of the complete permit 
application. 

(k) A non-refundable permit application 
processing fee shall accompany each application. 
The permit application processing fees are defined 
in Section .0200 of this Subchapter. Each permit 
or renewal application is incomplete until the 
permit application processing fee is received. 

(1) The applicant shall retain for the duration of 
the permit term one complete copy of the 
application package and any information submitted 
in support of the application package. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0508 PERMIT CONTENT 

(a) The permit shall specify and reference the 
origin and authority for each term or condition and 
shall identify any differences in form as compared 
to the applicable requirement on which the term or 
condition is based. 



(b) The permit shall specify emission limitations 
and standards, including operational requirements 
and limitations, that assure compliance with all 
applicable requirements at the time of permit 
issuance. 

(c) Where an applicable requirement of the 
federal Clean Air Act is more stringent than an 
applicable requirement of rules promulgated 
pursuant to Title IV, both provisions shall be 
placed in the permit. The permit shall state that 
both provisions are enforceable by EPA. 

(d) The permit for sources using an alternative 
emission limit established under 15A NCAC 2D 
.0501(f) or L5A NCAC 2D .0952 shall contain 
provisions to ensure that any resulting emissions 
limit has been demonstrated to be quantifiable, 
accountable, enforceable, and based on replicable 
procedures. 

(e) The expiration date contained in the permit 
shall be for a fixed term of five years for sources 
covered under Title IV and for a term of no more 
than five years from the date of issuance for all 
other sources including solid waste incineration 
units combusting municipal waste subject to 
standards under Section 129(e) of the federal Clean 
Air Act. 

(f) The permit shall contain monitoring and 
related recordkeeping and reporting requirements 
as specified in 40 CFR 70.6(a)(3) and 70.6(c)(1) 
including conditions requiring: 

(1) the permittee to retain records of all 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2304 



PROPOSED RULES 



L^J 



1A] 

m 



ill 



required monitoring data and supporting 
information for a period of at least five 
years from the date of the monitoring 
sample, measurement, report, or 
application (Supporting information 
includes all calibration and maintenance 
records and all original strip-chart 
recordings for continuous monitoring 
information, and copies of all reports 
required by the permit.); 
the permittee to submit reports of any 
required monitoring at least every six 
months. The permittee shall submit 
reports: 

on official forms obtained from the 

Division at the address in Rule .0104 

of this Subchapter, 

in a manner as specified by a permit 

condition, or 

on such other forms as approved by 

the Director; and 
the permittee to report malfunctions, 
emergencies, and other upset conditions 
as prescribed in 15 A NCAC 2D .0524, 
.0525, or .0535 and to report by the 
next business day deviations from 
permit requirements or any excess 
emissions not covered under 15A 
NCAC 2D .0524, .0525, or .0535. 



The permittee shall report in writing to 
either the Director or Regional 
Supervisor all other deviations from 
permit requirements not covered under 
15A NCAC 2D .0535 within two 
business days after becoming aware of 
the deviation. The permittee shall 
include the probable cause of such 
deviation and any corrective actions or 
preventive measures taken. All 

deviations from permit requirements 
shall be certified by a responsible 
official. 



Where appropriate, the Director may allow records 
to be maintained in computerized form. 
Monitoring, recordkeeping, and reporting shall not 
be required for insignificant activities except to the 
extent necessary to comply with Rule .0207 of this 
Subchapter. 

(g) If fhe facility is required to develop and 
register a risk management plan pursuant to 
Section 1 12(r) of the federal Clean Air Act, the 
permit need only specify that the owner or 
operator of the facility will comp ly with the 
requirement to register such a plan. The content 
of file risk management plan need not itself be 



incorporated as a permit term or condition. 

(h) The permit shall contain a condition 
prohibiting emissions exceeding any allowances 
that a facility lawfully holds under Title IV. The 
permit shall not limit the number of allowances 
held by a permittee, but the permittee may not use 
allowances as a defense to noncompliance with any 
other applicable requirement. 

if] The permit shall contain a severability clause 
so that various permit requirements will continue 
to be valid in the event of a challenge to any other 
portion of the permit. 

{]) The permit shall state that noncompliance 
with any condition of the permit is grounds for 
enforcement action; for permit termination- 
revocation and reissuance, or modification; or for 
denial of a permit renewal application. 

(k) The permit shall state that the permittee may 
not use as a defense in an enforcement action that 
it would have been necessary to halt or reduce the 
permitted activity j_n order to maintain compliance 
with the conditions of the permit. 

ill The permit shall state that the Director may 
reopen, modify, revoke and reissue, or terminate 
the permit for reasons specified in Rule .0517 or 
.0519 of this Section. The permit shall state that 
the filing of a request by the permittee for a permit 
revision, revocation and reissuance, or 
termination, notification of planned changes, or 
anticipated noncompliance does not stay any 
permit condition. 

(m) The permit shall state that the permit does 
not convey any property' rights of any sort, or any 
exclusive privileges. 

(n) The permit shall state that the permittee shall 
furnish to ffie Division, in a timely manner, any 
reasonable information that the Director may 
request in writing to determine whether cause 
exists for modifying, revoking and reissuing, or 
terminating the permit or to determine compliance 
with the permit. The permit shall state that the 
permittee shall furnish the Division copies of 
records required to be kept by the permit when 
such copies are requested by the Director. For 
information claimed to be confidential, the 
permittee may furnish such records directly to 
EPA along with a claim of confidentiality. 

(o) The permit shall contain a provision to 
ensure that the permittee pays fees required under 
Section .0200 of this Subchapter. 

(p) The permit shall state the terms and 

conditions for reasonably anticipated operating 

scenarios identified by the applicani in the 

application. These terms and conditions shall: 

( 1 ) require t h e permittee. 



2305 



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PROPOSED RULES 



contemporaneously with making a 
change from one operating scenario to 
another, to record m a jog at the 
permitted facility a record of the 
operating scenario under which it is 
operating; 

extend the permit shield described in 
Rule .0512 of this Section to all terms 
and conditions under each such 
operating scenario; and 
ensure that each operating scenario 
meets all applicable requirements of 
Subchapter 2D of this Chapter and of 
this Section, 
(q) The permit shall identify which terms and 
conditions are enforceable by: 

(1) both EPA and the Division; 
the Division only; 
EPA only; and 
citizens under the federal Clean Air 



121 



ill 



01 

ill 

£4} 



Act. 



(r) The permit shall state that the permittee shall 
allow personnel of the Division to: 

(1) enter the permittee's premises where 
the permitted facility is located or 
emissions-related activity [s conducted. 
or where records are kept under the 
conditions of the permit; 

(2) have access to and copy, at reasonable 
times, any records that are required to 
be kept under the conditions of the 
permit; 

(3) inspect at reasonable times and using 
reasonable safety practices any source, 
equipment (including monitoring and 
air pollution control equipment), 
practices, or operations regulated or 
required under the permit; and 

(4) sample or monitor substances or 
parameters, using reasonable safety 
practices, for the purpose of assuring 
compliance with the permit or 
applicable requirements at reasonable 
times. 

(s) When a compliance schedule is required 
under 40 CFR 70.5(c)(8) or under a rule contained 
in Subchapter 2D of this Chapter, the permit shall 
contain the compliance schedule and shall state that 
the permittee shall submit at least semiannually, or 
more frequently if specified m the applicable 
requirement, a progress re port. The progress 
report shall contain: 

(1) dates for achieving the activities, 
milestones, or compliance required in 
the compliance schedule, and dates 



when such activities, milestones, or 
compliance were achieved; and 
(2) an explanation of why any dates in the 
compliance schedule were not or will 
not be met, and any preventive or 
corrective measures adopted, 
(f) The permit shall contain requirements for 
compliance certification with the terms and 
conditions in the permit, including emissions 
limitations, standards, or work practices. The 
permit shall specify: 

(1) the frequency (not less than annually or 
more frequently as specified in the 
a pplicable requirements or by the 
Director) of submissions of compliance 
certifications; 

(2) a means for monitoring the compliance 
of the source with its emissions 
limitations, standards, and work 
practices; 

(3) a requirement that the compliance 
certification include: 

(A) the identification of each term or 
condition of the permit that is the 
basis of the certification; 

(B) the compliance status as shown by 
monitoring data and other information 
reasonably available to the permittee; 

(C) whether compliance was continuous 
or intermittent; 

(D) the method(s) used for determining 
the compliance status of the source, 
currently and over the reporting 
period; and 

(E) such other facts as the permit may 
specify to determine the compliance 
status of the source; 

(4) that all compliance certifications be 
submitted to EPA as well as to the 
Division; and 

(5) such additional requirements as may be 
specified under Sections 1 14(a)(3) or 
504(b) of the federal Clean Air Act. 

(u) The permit shall contain a condition that 
authorizes the permittee to make Section 
502(b)(10) changes, off-permit changes, or 
emission trades in accordance with Rule .0523 of 
this Section. 

(v) The permit shall include all applicable 
requirements for all sources covered under the 
permit. 

(w) The permit shall specify the conditions 
under which the permit shall be reopened before 
the expiration of the permit. 

(x) If regulated, fugitive emissions shall be 



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March 1, 1994 



2306 



PROPOSED RULES 



included in the permit in the same manner as stack 
emissions. 

(y) The permit shall contain a condition 
requiring annual reporting of actual emissions as 
required under Rule .0207 of this Subchapter. 

(z) The permit shall not include sources for 
which there are no applicable requirements. 

(aa) The permit shall not include insignificant 
activities or other activities that the applicant 
demonstrates to the satisfaction of the Director to 
be negligible in their air quality impacts, not to 
have any air pollution control device, and not to 
violate any applicable emission control standard 
when operating at maximum design capacity or 
maximum operating rate, whichever is greater. 

(bb) The permit may contain such other 
provisions as the Director considers appropriate. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215.65; 143-215.66; 143-215. 107(a)(10); 
143-215. 108. 

.0509 PERMITTING OF NUMEROUS 
SIMILAR FACILITIES 

fa} The Director may issue, after notice and 
opportunity for public participation provided jn 
Rule .0521 of this Section, a permit to cover 
numerous similar facilities or sources. 

(b) The Director shall not issue a permit under 
this Rule unless the following conditions are met: 

(1) There is no unique difference that 
would require special permit conditions 
for any individual facility; and 

(2) No unique analysis is required for any 
facility covered under the permit. 

(c) A permit issued under this Rule shall comply 
with all the requirements of this Section. 

(d) A permit issued under this Rule shall 
identify criteria by which facilities or sources may 
qualify for the permit. To facilities or sources that 
qualify, the Director shall grant the terms and 
conditions of the permit. 

(e) The facility or source shall be subject to 
enforcement action for operating without a permit 
if the facility or source js later determined not to 
qualify for the terms and conditions of the permit 
issued under this Rule. 

(f) Sources subject to Title IV shall not be 
eligible for a permit issued under this Rule. 

(g) The owner or operator of a facility or source 
that qualifies for a permit is sued under this Rule 
shall apply for coverage under the terms of the 
permit issued under this Rule or shall apply for a 
regular permit under this Section. 

(h) The Division need not repeat the public 



participation procedures required under Rule .0521 
of this Section when it grants a request by a permit 
applicant to operate under a permit issued under 
this Rule. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0510 PERMITTING OF FACILITIES AT 
MULTIPLE TEMPORARY SITES 

(a) The Director may issue a single permit 
authorizing emissions from similar operations by 
the same facility owner or operator at multiple 
temporary sites. 

(b) In order for a facility to qualify for a permit 
for a multiple temporary site under this Rule, the 
operation must involve at least one change of site 
during the term of the permit. 

(c) Sources subject to Title IV shall not be 
eligible for a permit under this Section. 

(d) Permits for facilities at multiple temporary 
sites shall include: 



iii 

Hi 



Hi 



111 



identification of each site; 
conditions that will assure compliance 
with all applicable requirements at all 
authorized locations; 
requirements that the permittee notify 
the Division at least 10 days in advance 
of each change of location; and 
conditions that assure compliance with 
all other provisions of this Section. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0511 SYNTHETIC MINOR FACILITIES 

(a) The owner or operator of a facility to which 
this Section applies may choose to have terms and 
conditions placed in his permit to restrict operation 
to limit the potential to emit of the facility m order 
to remove the applicability of this Section to the 
facility. 

(b) Any permit containing terms and conditions 
to remove the applicability of this Section after one 
year after EPA approves this Section shall be 
processed according to Rules .0521 and .0522 of 
this Section when these terms and conditions are 
first placed in the permit. 

(c) After a facility is issued a permit that 
contains terms and conditions to remove the 
applicability of this Section, the facility shall 
comply with the permitting requirements of 
Section .0300 of this Subchapter. 

(d) If the holder of a permit for a synthetic 
minor facility applies to change a term or 



2307 



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PROPOSED RULES 



\ 



condition that removed his facility from the 
applicability of this Section, the application shall 
be processed under this Section. 

(e) The Director may require monitoring, 
recordkeeping, and reporting necessary to assure 
compliance with the terms and conditions placed in 
the permit to remove the applicability of this 
Section. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215.65; 143-215.66; 143-215. 107(a)(10); 
143-215. 108. 

. 05 12 PERMIT SHIELD AND APPLICATION 
SHIELD 

£a] Permit Shield: 

(1) The Director shall place in a permit 
issued under this Section a permit term 
or condition {a permit shield) stating 
that compliance with the conditions of 
the permit shall be deemed compliance 
with applicable requirements 
specifically identifie d in the permit in 
effect as of the date of permit issuance, 
provided that: 

(A) Such applicable requirements are 
included and are specifically identified 
in the permit; or 

(B) The Director, in acting on the permit 
application or revision, determines in 
writing that other requirements 
specifically identified are not 
applicable to the source, and the 
permit includes the determination or a 
concise summary thereof. 

(2) A permit that does not expressly state 
that a permit shield exists shall be 
presumed not to provide such a shield. 

(3) A permit shield shall not alter or affect: 

(A) the power of the Commission, 
Secretary of the Department, or 
Governor under G.S. 
143-215. 3(a)(12) or EPA under 
Section 303 of the federal Clean Air 
Act; 

(B) the liability of an owner or operator 
of a facility for any violation of 
applicable requirements prior to the 
effective date of the permit or at the 
time of permit issuance; 

(C) the a pplicable requirements under 
Title IV; or 

(D) the ability of the Director (or EPA 
under Section 1 14 of the federal 
Clean Air Act) to obtain information 



to determine compliance of the facility 
with its permit, this Section, or 
Subchapter 2D of this Chapter. 

(4) A permit shield shall not apply to any 
change made at a facility that does not 
re quire a permit revision. 

(5) A permit shield shall not extend to 
minor permit modifications made under 
Rule .0515 of this Section until the 
minor permit modification is approved 
by the Director and EPA; then the 
Director shall place a permit shield in 
the permit for the minor permit 
modification. 

(b) Application Shield. 

(1) Except as provided in Subparagraph 
(b)(2) of this Rule, rf the applicant 
submits a timely and complete 
application for permit issuance 
(including for renewal) , the facility's 
failure to have a permit under this 
Section shall not be a violation: 

(A) unless the delay jn final action is due 
to the failure of the applicant's timely 
submission of information as required 
or requested by the Director, or 

(B) until the Director takes final action on 
the permit application. 

(2) Subparagraph (b)(1) of this Rule shall 
cease to app ly if^ subsequent to the 
completeness determination made under 
Rule .0507 of this Section, the 
applicant fails to submit by the deadline 
specified in writing by the Director, 
any additional information identified as 
being needed to process the application. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0513 PERMIT RENEWAL AND 
EXPIRATION 

(a) Permits being renewed are subject to the 
procedural requirements of this Section, including 
those for public participation and affected State 
and EPA review. 

(b) Permit expiration terminates the facility's 
right to operate unless a complete renewal 
application has been submitted at least nine months 
before the date of permit expiration. 

(c) If the permittee or applicant has complied 
with Rule .0512(b)(1) of this Section, the existing 
permit shall not expire until the renewal permit has 
been issued or denied. All terms and conditions of 
the existing permit shall remain in effect until the 



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PROPOSED RULES 



renewal permit has been issued or denied. 

Statutory Authority 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0514 ADMINISTRATIVE PERMIT 
AMENDMENTS 

(a) An "administrative permit amendment" 
means a permit revision that: 

(1) corrects typographical errors; 

(2) identifies a change in the name, address 
or telephone number of any individual 
identified in the permit, or provides a 
similar minor administrative change at 
the facility; 

(3) requires more frequent monitoring or 
reporting by the permittee; 

(4) changes test dates or construction dates; 

(5) moves terms and conditions from the 
State-enforceable only portion of a 

permit t o t h e 

State-and-federal-enforceable portion of 
the permit; 

(6) moves terms and conditions from the 
federal-enforceable only portion of a 

permit t o t h e 

State-and-federal-enforceable portion of 
the permit; 

(7) changes the permit number without 
changing any portion of the permit that 
is federally enforceable that would not 
otherwise qualify as an administrative 
amendment; or 

(8) changes the State-enforceable only 
portion of the permit. 

£b) In making administrative permit 

amendments, the Director: 

(1) shall take final action on a request for 
an administrative permit amendment 
within 60 days after receiving such 
request. 

(2) may make administrative amendments 
without providing notice to the public 
or any affected State(s) provided he 
designates any such permit revision as 
having been made pursuant to this 
Rule, and 

(3) shall submit a copy of the revised 
permit to EPA. 

(c) The permittee may implement the changes 
addressed in the request for an administrative 
amendment immediately upon submittal of the 
request. 

(d) Upon taking final action granting a request 
for an administrative permit amendment, the 



Director shall allow coverage by the permit shield 
under Rule .0512 of this Section for the 
administrative permit amendments made. 

(e) Administrative amendments for sources 
covered under Title IV shall be governed by rules 
in Section .0400 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0515 MINOR PERMIT MODIFICATIONS 

(a) The procedures set out in this Rule may be 
used for permit modifications when the 
modifications: 

(1) do not violate any applicable 
requirement; 

(2) do not involve significant changes to 
existing monitoring. reporting, or 
recordkeeping requirements in the 
permit; 

(3) do not require or change a case-by-case 
determination of an emission limitation 
or other standard, or a source-specific 
determination for temporary' sources of 
ambient impacts, or a visibility or 
increment analysis: 

(4) do not seek to establish or change a 
permit term or condition for which 
there is no corresponding underlying 
applicable requirement and that the 
facility has assumed to avoid an 
applicable requirement to which the 
facility would otherwise be subject. 
Such terms and conditions include: 

(A) a federally enforceable emissions cap 
assumed to avoid an applicable 
requirement under any provision of 
Title I of the federal Clean Air Act: 
or 

(B) an alternative emissions limit 
approved as part of an early reduction 
plan submitted pursuant to Section 
1 12(i)(5) of the federal Clean Air Act; 

(5) are not modifications under am 1 
provision of Title I of the federal Clean 
Air Act: and 

(6) are not required to be processed as a 
significant modification under Rule 
.0516 of this Section. 

(b) In addition to the items required under Rule 
.0505 of this Section, an application requesting the 
use of the procedures set out m this Rule shall 
include: 

(1) an application form including: 
(A) a description of the change. 



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PROPOSED RULES 



(B) the emissions resulting from the 
change, and 

(C) identification of any new applicable 
requirements that will apply if the 
change occurs; 

(2) a list of the facility's other pending 
applications awaiting group processing 
and a determination of whether the 
requested modification, aggregated with 
these other applications, equals or 
exceeds the thresholds set out under 
Subparagraphs (c)(1) through (3) of this 
Rule; 

(3) the applicant's suggested draft permit; 

(4) certification by a responsible official 
that the proposed modification meets 
the criteria for using the procedures set 
out in this Rule and a request that these 
procedures be used; and 

(5) complete information for the Director 
to use to notify EPA and affected 
States. 

(c) The Director shall use group processing for 
minor permit modifications processed under this 
Rule. The Director shall notify EPA and affected 
States of the requested permit revisions under this 
Rule and shall provide the information specified in 
Rule .0522 of this Section on a quarterly basis. If 
the aggregated emissions from all pending minor 
permit modifications equal or exceed: 

(1) 10 percent of the emissions allowed for 
the source for which the change ]s 
requested, 

(2) 20 percent of the applicable definition 
of major facility, or 

(3) five tons per year, 

then the Director shall notify EPA and affected 
States within five business days of the requested 
permit revision under this Rule and shall provide 
the information specified in Rule .0522 of this 
Section. 

(d) Within 180 days after receiving a completed 
application for a permit modification or 15 days 
after the end of EPA's 45 -day review period, 
whichever is later, the Director shall: 

(1) issue the permit modification as 
proposed; 

(2) deny the permit modification 
application; 

(3) determine that the requested 
modification does not qualify for the 
procedures set out in this Rule and 
should therefore, be processed under 
Rule .0516 of this Section; 

(4) revise the draft permit modification and 



transmit the proposed permit to EPA. 
(e) The permit applicant may make the change 
proposed in his minor permit modification 
application immediately after filing the completed 
application with the Division. After the applicant 
makes the change, the facility shall comply with 
both the applicable requirements governing the 
change and the proposed permit terms and 
conditions until the Director takes one of the final 
actions specified in Paragraph (d)(1) through (d)(4) 
of this Rule. Between the filing of the permit 
modification application and the Director's final 
action, the facility need not comply with the 
existing permit terms and conditions it seeks to 
modify. However, if the facility fails to comply 
with its proposed permit terms and conditions 
during this time period, the Director may enforce 



the terms and conditions of the existing permit that 
the applicant seeks to modify. 

(f) The permit shield allowed under Rule .0512 
of this Section shall not extend to minor permit 
modifications, until the minor permit modification 
is approved by the Director and EPA; then the 
Director shall place a permit shield in the permit 
for the minor permit modification. 

(g) If the State-enforceable only portion of the 
permit is revised, the procedures in Section .0300 
of this Subchapter shall be followed. 

(h) The proceedings shall affect only those parts 
of the permit related to the modification. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. W7(a)(10); 143-215. 108. 

.0516 SIGNIFICANT PERMIT 
MODIFICATION 

(a) The procedures set out in this Rule shall be 
used for applications requesting permit 
modifications under this Rule or permit 
modifications that do not qualify for Rule .0514, 
.0515, .0523, or .0524 of this Section. 

(b) Significant modifications include 
modifications that: 

(1) involve a significant change in existing 
monitoring permit terms or conditions 
or relax any reporting or recordkeeping 
permit terms or conditions; 

(2) require or change a case-by-case 
determination of an emissions limitation 
or other standard, or a source-specific 
determination for temporary sources of 
ambient impacts, or a visibility or 
increment analysis; 

(3) seek to establish or change a permit 
term or condition for which there is no 



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2310 



PROPOSED RULES 



(4) 



corresponding underlying applicable 

requirement and that the facility has 

assumed to avoid an applicable 

requirement to which the facility would 

otherwise be subject; or 

are modifications under any provision 

of 15A NCAC 2D or 2Q or Title I of 

the federal Clean Air Act any 

modification not processed under Rule 

.0514, .0515, .0523, or .0524 of this 

Section. 

(c) An application for a significant permit 

modification that would contravene or conflict with 

the existing permit shall be processed following the 

procedure set out in Rule .0501(d) of this Section. 

£d) An application for a significant permit 

modification that does not contravene or conflict 

with the existing permit shall be processed 

following the procedure set out in Rule .0501(c) of 

this Section. 

(e) This Rule shall not preclude the permittee 
from making changes consistent with this Section 
that would render existing permit compliance 
terms and conditions irrelevant. 

(f) Except for the State-enforceable only portion 
of the permit, the procedures set out in Rule 
.0507, .0521, or .0522 of this Section shall be 
followed to revise a permit under this Rule. If the 
State-enforceable only portion of the permit is 
revised, the procedures in Section .0300 of this 
Subchapter shall be followed. The proceedings 
shall affect only those parts of the permit related to 
the significant modification. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0517 REOPENING FOR CAUSE 

(a) A permit shall be reopened and revised 
under the following circumstances: 

(1) Additional applicable requirements 
become applicable to a facility with 
remaining permit term of three or more 
years; 

Additional requirements (including 
excess emissions requirements) become 
applicable to a source covered by Title 
IV (Upon approval by EPA, excess 
emissions offset plans shall be deemed 
to be incorporated into the permit.); 
The Director or EPA finds that the 
permit contains a material mistake or 
that inaccurate statements were made in 
establishing the emissions standards or 
other terms or conditions of the permit; 



(21 



ill 



or 
(4) The Director or EPA determines that 
the permit must be revised or revoked 
to assure compliance with the 
applicable requirements. 

(b) Any permit reopening under Subparagraph 
(a)(1) of this Rule shall be completed or a revised 
permit issued within 18 months: 

(1) after submittal of a complete application 
if an application is required, or 

(2) after the applicable requirement is 
promulgated if no application is 
required. 

No reopening is required if the effective date of 
the requirement is after the expiration of the 
permit term. 

(c) Except for the State-enforceable only portion 
of the permit, the procedures set out in Rule 
.0507, .0521, or .0522 of this Section shall be 
followed to reissue a permit that has been 
reopened under this Rule. If the State-enforceable 
only portion of the permit is reopened, the 
procedures in Section .0300 of this Subchapter 
shall be followed. The proceedings shall affect 
only those parts of the permit for which cause to 
reopen exists. 

(d) The Director shall notify the permittee at 
least 60 days in advance of the date that the permit 
is to be reopened, except m cases of imminent 
threat to public health or safety the Director may 
notify the permittee less than 60 days before 
reopening the permit. The notice shall explain 
why the permit is being reopened. 

(e) Within 90 days, or 180 days if EPA extends 
the response period, after receiving notification 
from EPA that it finds that a permit needs to be 
terminated, modified, or revoked and reissued, the 
Director shall send to EPA a proposed 
determination of termination, modification, or 
revocation and reissuance, as appropriate. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0518 FINAL ACTION 

(a) The Director may: 

(1) issue a permit, permit revision, or a 
renewal containing the conditions 
necessary to carry out the purposes of 
G.S. 143, Article 21B and the federal 
Clean Air Act; or 

(2) rescind a permit upon request by the 
permittee; or 

(3) deny a permit application when 
necessary to carry out the purposes of 



2311 



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PROPOSED RULES 



G.S. 143, Article 21B and the federal 
Clean Air Act. 

(b) The Director may not issue a final permit or 
permit revision, except administrative permit 
amendments covered under Rule .0514 of this 
Section, until EPAs 45 -day review period has 
expired or until EPA has notified the Director that 
EPA will not object to issuance of the permit or 
permit revision, whichever occurs first. The 
Director shall issue the permit or permit revision 
within five days of receipt of notification from 
EPA that it will not object to issuance or of the 
expiration of EPA's 45 -day review period, 
whichever occurs first. 

(c) If EPA objects to a proposed permit, the 
Director shall respond to EPA's objection within 
90 days after receipt of EPA's objection. The 
Director shall not issue a permit under this Section 
over EPA's objection. 

(d) If EPA does not object in writing to the 
issuance of a permit, any person may petition EPA 
to make such objections by following the 
procedures and meeting the requirements under 40 
CFR 70.8(d). 

(e) No permit shall be issued, revised, or 
renewed under this Section unless all the 
procedures set out in this Section have been 
followed and all the requirements of this Section 
have been met. Default issuance of a permit, 
permit revision, or permit renewal by the Director 
is prohibited. 

(f) Final action shall be taken within 18 months 
of a submittal of a completed application, subject 
to adjudication, except for applications submitted 
under Rule .0506 or .0515 of this Section. 

(g) Thirty days after issuing a permit, including 
a permit issued pursuant to Rule .0509 of this 
Section, that is not challenged by the applicant, the 
Director shall notice the issuance of the final 
permit. The notice shall be issued in a newspaper 
of general circulation m the area where the facility 
is located. The notice shall include the name and 
address of the facility and permit number. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0519 TERMINATION, MODIFICATION, 
REVOCATION OF PERMITS 

(a) The Director may terminate, modify, or 
revoke and reissue a perm it issued under this 
Section if: 

(1) The information contained in the 
application or presented in support 
thereof is determined to be incorrect; 



12} 

121 

141 

£5} 



The conditions under which the permit 

or permit renewal was granted have 

changed; 

Violations of conditions contained in 

the permit have occurred; 

The permit holder fails to jsay fees 

required under Section .0200 of this 

Subchapter within 30 days after being 

billed; 

The permittee refuses to allow the 

Director or his authorized 

representative upon presentation of 

credentials: 

(A) to enter, at reasonable times and using 
reasonable safety practices, the 
permittee's premises in which a 
source of emissions ]s located or hi 
which any records are required to be 
kept under terms and conditions of the 
permit; 

(B) to have access, at reasonable times, to 
any copy or records required to be 
kept under terms and conditions of the 
permit; 

(C) to inspect, at reasonable times and 
using reasonable safety practices, any 
source of emissions, control 
equipment, and any monitoring 
equipment or method required jn the 
permit; or 

(D) to sample, at reasonable times and 
using reasonable safety practices, any 
emission source at the facility; 

EPA requests that the permit be 
revoked under 40 CFR 70.7(g) or 
70.8(d); or 

The Director finds that termination, 
modification or revocation and 
reissuance of a permit is necessary to 
carry out the purpose of G.S. 143, 
Article 2 IB. 
To operate a facility or source after its 

permit has been revoked is a violation of this 

Section and G.S. 143-215.108. 

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb); 
143-215. 107(a)(10); 143-215. 108. 

.0520 CERTIFICATION BY RESPONSIBLE 
OFFICIAL 

(a) A responsible official shall certify the truth, 
accuracy, and completeness of any application 
form, report, or compliance certification required 
under this Section or by a term or condition in a 
permit issued under this Section. 



m 



01 



m 



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2312 



PROPOSED RULES 



(b) This certification shall state that, based on 
information and belief formed after reasonable 
inquiry, the statement and information in the 
document are true, accurate, and complete. 

Statutory Authority G.S. 143-215. 3(a)(1), (2); 
143-215. 107(a)(10); 143-215. 108. 

.0521 PUBLIC PARTICIPATION 

(a) The Director shall give public notice with an 
opportunity for comments and a hearing on all 
draft permits and permit revisions except permit 
revisions issued under Rules .0514. .0515. .0524 
of this Section. The Director may give public 
notice with an opportunity for comments and a 
hearing on draft permit revisions issued under Rule 
.0514. .0515. 0524 of this Section. 

(b) The notice shall be given by publication in 
a newspaper of general circulation in the area 
where the facility is located and shall be mailed to 
persons who are on the Division's mailing list for 
air quality permit notices. 

(c) The notice shall identify': 

(1) the affected facility'; 

(2) the name and address of the permittee; 

(3) the name and address of the person to 
whom to send comments and requests 
for public hearing; 

(4) the name, address, and telephone 
number of Divisional staff from whom 
interested persons may obtain additional 
information, including copies of the 
permit draft. the application. 
compliance plan. monitoring and 
compliance reports, all other relevant 
supporting materials, and all other 
materials available to Division that are 
relevant to the permit decision; 

(5) the activity or activities involved in the 
permit action; 

(6) any emissions change involved in any 
permit modification; 

(7) a brief description of the comment 
procedures; 

(8) the procedures to follow to request a 
hearing unless a hearing has already 
been scheduled; and 

(9) the time and place of any hearing that 
has already been scheduled. 

(d) The Director shall send a copy of the notice 
to affected States and EPA. 

(e) The notice shall allow 30 days for public 
comments. 

(f) If the Director finds that a public hearing is 
[n the best interest of the public, the Director shall 



require a public hearing to be held on a draft 
permit. Notice of a public hearing shall be given 
at least 30 days before the hearing. 

(g) If EPA requests a record of the comments 
and of the issues raised during the public 
participation process, the Director shall provide 
EPA this record. 

(h) Persons who desire to be placed on the 
Division's mailing list for air quality permit 
notices shall send their request to the Director. 
Division of Environmental Management. P.O. Box 
29535. Raleigh. North Carolina 27626-0535 and 
shall pay an annual fee of thirty dollars ($30.00). 

ill Any persons requesting copies of material 
identified in Subparagraph (c)(4) of this Rule shall 
pay ten cents ($0.10) a page for every page 
copied. Confidential material shall be handled in 
accordance with Rule .0107 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1), (3); 
143-215. 107(a)(10);143-21 5. 108:143-21 5. Ill (4). 

.0522 REVIEW BY EPA AND AFFECTED 

STATES 

(a) The Director shall provide EPA a copy of 
each permit application, including any application 
for permit revision, each proposed permit, and 
each final permit issued under this Section. If 
EPA has informed the Director that a permit 
application summary and relevant portion of the 
permit application and compliance plan are all it 
needs, the Director may provide this abridgement 
in place of the complete application. 

(b) The Division shall retain for five years a 
copy of al] permit applications, permits, and other 
related material submitted to or issued by the 
Division under this Section. 

(c) The Director shall provide notice to each 
affected State of each draft permit at or before the 
time notice is provided to the public under Rule 
.0521 of this Section. 

(d) The Director, in writing, shall notify EPA 
and any affected State of any refusal by the 
Division to accept all recommendations for the 
proposed permit that the affected State submitted 
during the public or affected State review period 
and shall state the reasons for not accepting any 
such recommendations. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10);143-215. 108:143-215.1 1 1(5). 



.0523 



(a 



CHANGES NOT REQUIRLNG 
PERMIT REVISIONS 

Section 502(b)(10) changes: 



2313 



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PROPOSED RULES 



(1) The permittee may make Section 
502(b) (10) changes without having his 
permit revised if: 

(A) The changes are not a modification 
under 15A NCAC 2D or Title I of the 
federal Clean Air Act; 

(B) The changes do not cause the 
emissions allowable under the permit 
to be exceeded; 

(C) The permittee notifies the Director 
and EPA with written notification at 
least seven days before the change is 
made; and 

(D) The permittee shall attach the notice 
to the relevant permit. 

(2) The written notification required under 
Part (a)(1)(C) of this Rule shall include: 

(A) a description of the change, 

(B) the date on which the change will 
occur, 

(C) any change in emissions, and 

(D) any permit term or conditions that is 
no longer applicable as a result of the 
change. 

£3] Section 502(b)(10) changes shall be 
made in the permit the next time that 
the permit is revised or renewed, 
whichever comes first. 

(b) Off-permit changes. A permittee may make 
changes in his operation or emissions without 
revising his permit if: 

( 1 ) The change affects only insignificant 
activities and the activities remain 
insignificant after the change, or 

(2) The change is not covered under any 
applicable requirement. 

(c) Emissions trading. 

(1) To the extent that emissions trading is 
allowed under 15A NCAC 2D, 
including subsequently adopted 
maximum achievable control technology 
standards, emissions trading shall be 
allowed without permit revisions 
provided that: 

(A) All applicable requirements are met; 

(B) The permittee complies with all terms 
and conditions of the permit in 
making the emissions trade; and 

(C) The permittee notifies the Director 
and EPA with written notification at 
least seven days before the trade is 
made. 

(2) If an emissions cap has been established 
by a permit condition for the purposes 
of limiting emissions below that 



allowed by an otherwise applicable 
requirement, emissions trading shall be 
allowed to the extent allowed by the 
permit if: 

(A) An emissions cap is established in the 
permit to limit emissions; 

(B) The permit specifies the emissions 
limits with which each source shall 
comply under any a pplicable 



(C) The 



requirement; 
The permittee 



complies with all 



permit terms that ensure the emissions 
trades are enforceable, accountable, 
and quantifiable; 

(D) The permittee complies with all 
applicable requirements; 

(E) The permittee complies with the 
emissions trading procedures in the 
permit; 

(F) The permittee notifies the Director 
and EPA with written notification at 
least seven days before the trade is 
made. 

(3) The written notification required under 
Subparagraph (1) of this Paragraph 
shall include: 

(A) a description of the change, 

(B) the date on when the change will 
occur, 

(C) any change in emissions, 

(D) the permit requirement with which the 
facility or source will comply using 
the emissions trading provision of the 
applicable provision of 15A NCAC 
2D, and 

(E) the pollutants e mitted subject to the 
emissions trade. 

(4) The written notification required under 
Subparagraph (2) of this Paragraph 
shall include: 

(A) a description of the change, 

(B) the date on when the change will 
occur, 

(C) changes ii} emissions that will result 
and how the increases and decrease in 
emissions will comply with the terms 
and conditions of the permit. 

(d) The permit shield allowed under Rule .0512 
of this Section shall not apply to changes made 
under Paragraphs (a), (b), or (cj of this Rule. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

.0524 OWNERSHIP CHANGE 



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2314 



PROPOSED RULES 



(a) Applications for ownership changes shall: 

(1) contain the information required under 
Rule .0505(4) of this Subchapter, and 

(2) follow the procedures under Section 
.0300 of this Subchapter. 

(b) When the Director permits an ownership 
change, he shall submit a copy of the permit to 
EPA as an administrative amendment. 



14] 



a transportation facility. 

"Transportation facility" means a 

complex source as defined at G.S. 



143-213(22) and is subject to the 
requirements of 15A NCAC 2D .0800. 

Statutory Authority G.S. 143-213; 143-21 5.3(a)(1); 
143-215. 108. 



Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 107(a)(10); 143-215. 108. 

SECTION .0600 - TRANSPORTATION 
FACILITY PROCEDURES 

.0601 PURPOSE OF SECTION AM) 

REQUIREMENT FOR A PERMIT 

(a) The purpose of this Section is to describe the 
procedures to be followed in applying for and 
issuing a permit for a transportation facility. 

(b) The owner or developer of a transportation 
facility subject to the requirements of 15A NCAC 
2D .0800 shall obtain a construction only permit 
following the procedures in this Section. An 
operation permit is not needed. 

(c) The owner or developer of a transportation 
facility required to have a permit under this 
Section shall not commence construction or 
modification of a transportation facility until he has 
applied for and received a construction permit. 



Statutory Authority G. S. 
143-215. 108; 143-215. 109. 



143-215. 3(a)(1); 



.0602 DEFINITIONS 

For the purposes of this Section, the following 
definitions apply: 

(1) "Construction" means any activity 
following land clearing or grading that 
engages in a program of construction 
specifically designed for a transportation 
facility in preparation for the fabrication, 
erection, or installation of the building 
components associated with the 
transportation facility, e.g. curbing, 
footings, conduit, paving, etc. 

(2) "Level of service" means a qualitative 
measure describing operational conditions 
within a traffic stream ; generally 
described in terms of such factors as 
speed and travel time, freedom to 
maneuver, traffic interruptions, comfort 
and convenience, and safety. 

(3) "Owner or developer" means any person 
who owns, leases, develops, or controls 



.0603 APPLICATIONS 

(a) A transportation facility permit application 
may be obtained from and shall be filed jn writing 
in accordance with Rule .0104 of this Subchapter. 

(b) Applicants shall file transportation facility 
permit applications at least 90 days before 
projected date of construction of a new 
transportation facility or modification of an 
existing transportation facility. 

(c) The permittee shall file requests for permit 
name or ownership changes as soon as the 
permittee is aware of the imminent name or 
ownership change. 

(d) A transportation facility permit application 
shall be made in triplicate on official forms of the 
Director and shall include plans and specifications 
giving all necessary data and information as 
required by the application form. 

(e) A transportation facility permit application 
containing dispersion modeling analyses that 
demonstrate compliance with ambient air quality 
standards or traffic analyses showing a level of 
service of ^ B, C, or D as defined in the 
Highway Capacity Manual, 1985 edition, using 
planned roadway and intersection improvements 
shall include approval for the improvements from 
the appropriate state or city department of 
transportation. The Highway Capacity Manual ]s 
hereby incorporated by reference and does not 
include any subsequent amendments and editions. 
This manual may be obtained from the Institute of 
Transportation Engineers, 525 School Street 
Southwest, Suite 410, Washington, D C. 
20024-2729 at a cost of seventy-seven dollars 
($77.00). 

(f) Whenever the information provided on the 
permit application forms does not describe the 
transportation facility to the extent necessary to 
evaluate the application, the Director may request 
that the applicant provide any other information 
that the Director considers necessary to evaluate 
the transportation facility. Before acting on any 
permit application, the Director may request any 
information from an applicant and conduct any 
inquiry or investigation that he considers necessary 
to determine compliance with applicable standards 



2315 



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PROPOSED RULES 



including traffic level of service, 

(g) A non-refundable permit application fee shall 
accompany each transportation facility permit 
application. The permit application fee is 
described in Section .0200 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 108; 143-215. 109. 



(g) Any persons requesting copies of material 
identified in Subparagraph (c)(4) of this Rule shall 
pay ten cents ($0. 10) a page for each page copied. 
Confidential material shall be handled in 
accordance with Rule .0107 of this Subchapter. 

Statutory Authority G.S. 143-215. 3(a)(l ), (3); 
143-21 5.4(b); 143-215.108; 143-215.109. 



.0604 PUBLIC PARTICIPATION 

(a) Before approving or disapproving a permit to 
construct or modify a transportation facility, the 
Director shall provide public notice for comments 
with an opportunity to request a public hearing on 
the draft permit. 

(b) The public notice shall be given by 
publication in a newspaper of general circulation in 
the area where the transportation facility is 
located. 

(c) The public notice shall identify: 

(1) the affected facility; 

(2) the name and address of the permittee; 

(3) the name and address of the person to 
whom comments and requests for 
public hearing are to be sent; 

(4) the name, address, and telephone 
number of Divisional staff from whom 
interested persons may obtain additional 
information, including copies of the 
draft permit, the application, 
monitoring and compliance reports, all 
other relevant supporting materials, and 
all other materials available to Division 
that are relevant to the permit decision; 

(5) a brief description of the proposed 
project; 

(6) a brief description of the public 
comment procedures; 

(7) the procedures to follow to request a 
public hearing unless a public hearing 
has already been scheduled; and 

(8) the time and place of any hearing that 
has already been scheduled. 

(d) The public notice shall allow at least 30 days 
for public comments. 

(e) If the Director finds that a public hearing is 
in the best interest of the public, the Director shall 
require a public hearing to be held on a draft 
permit. Notice of a public hearing shall be given 
at least 30 days before the public hearing. 

(f) The Director shall make available for public 
inspection in at least one location in the region 
affected, the information submitted by the permit 
applicant and the Division's analysis of that 
application. 



.0605 FINAL ACTION ON PERMIT 
APPLICATIONS 

(a) The Director may: 

( 1 ) issue a permit containing the conditions 
necessary to carry out the purposes of 
G.S. 143, Article 21B; 

(2) rescind a permit upon request by the 
permittee; or 

(3) deny a permit application when 
necessary to carry out the purposes of 
G.S. 143, Article 2 IB. 

(b) The Director shall issue a permit for the 
construction or modification of a transportation 
facility subject to the rules in 15A NCAC 2D 
.0800 if the permit applicant submits a complete 
application and demonstrates to the satisfaction of 
the Director that the applicable standards will not 
be exceeded . 

(c) The Director shall issue a permit for a 
period of time necessary to complete construction, 
but such period shall not exceed five years. 

(d) The Director shall not approve a permit for 
a transportation facility that: 

interferes with the attainment or 



ill 

12} 

ill 



maintenance of any applicable standard, 

results in a contravention of applicable 

portions of the implementation plan 

control strategy, or 

is demonstrated with dispersion 

modeling to exceed an applicable 

standard. 



Statutory Authority G. S. 
143-215. 108; 143-215. 109. 



143-215. 3(a)(1); 



.0606 TERMINATION, MODIFICATION 
AND REVOCATION OF PERMITS 

(a) The Director may terminate, modify, or 
revoke and reissue any permit issued under this 
Section if: 

(1) The information contained in the 
application or presented in support 
thereof is determined to be incorrect; 

(2) The conditions under which the permit 
was granted have changed; 

(3) Violations of conditions contained in 



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March 1, 1994 



2316 



PROPOSED RULES 



the permit have occurred; 
(4) The permittee refuses to allow the 
Di rector or his autho rized 
upon 



presentation of 



representative 
credentials: 

(A) to enter, at reasonable times and using 
reasonable safety practices, the 
permittee's premises where the 
transportation facility is located or 
where any records are required to be 
kept under terms and conditions of the 
permit; 

(B) to have access, at reasonable times, to 
any copy or records required to be 
kept under terms and conditions of the 
permit; 

(C) to inspect, at reasonable times and 
using reasonable safety practices, the 
transportation facility and any 
monitoring equipment or monitoring 
procedures required in the permit; or 

(D) to sample, at reasonable times and 
using reasonable safety practices, 
emissions from the facility; or 

(5) The Director finds that modification or 

revocation of a permit is necessary to 

carry out the purpose of G.S. 143, 

Article 2 IB. 

(b) The construction or continuation of 

construction of a transportation facility after its 

permit has been revoked is a violation of this 

Section, G.S. 143-215. 108, and G.S. 143-215.109. 

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb); 
143-215.108; 143-215.109. 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the DEHNR - DEM - Air Quality 
intends to adopt rule cited as 15A NCAC 2Q . 0112 
and amend rule cited as 15A NCAC 2D .0518. 

1 he proposed effective date of this action is July 
1, 1994. 

1 he public hearing will be conducted at: 

7:00 pm 

March 28, 1994 

Charlotte/Mecklenburg Government Center 

Room 118 

600 East 4th Street 

Charlotte, North Carolina 



7:00 pm 

March 30, 1994 

Ground Floor Hearing Room 

Archdale Building 

512 N. Salisbury Street 

Raleigh, North Carolina 

MXeason for Proposed Action: To add a require- 
ment for a Professional Engineer 's Seal on techni- 
cal portions of air permit applications consistent 
with G.S. 89C, and to exempt diacetone alcohol 
from the requirement of 15A NCAC 2D .0518. 

Comment Procedures: All persons interested in 
these matters are invited to attend the public- 
hearings. An\' person desiring to comment for 
more than three minutes is_ requested to submit a 
written statement for inclusion in the record of 
proceedings at the public h earing. The hearing 
record will remain open until April 29, 1994, to 
receive additional written statements. 
Comments should be sent to and additional infor- 
mation concerning the hearing or the proposals 
may be obtained by contacting: 

Mr. Thomas C Allen 

Division of Environmental Management 

P.O. Box 29535 

Raleigh, North Carolina 27626-0535 

(919) 733-1489 

This Rule (ISA NCAC 2Q .0112) - affects the 
expenditure or revenues of local funds. A fiscal 
note was submitted to the Fiscal Research Divi- 
sion on January 10, 1994, OSBM on January 10, 
1994, N.C. League of Municipalities on January 
3, 1994, and N. C. Association of County Com- 
missioners on January 3, 1994. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR 

POLLUTION CONTROL 

REQUIREMENTS 

SECTION .0500 - EMISSION 
CONTROL STANDARDS 

.0518 MISCELLANEOUS VOLATILE 

ORGANIC COMPOUND EMISSIONS 

(a) This Rule shall be applicable to all sources 
of volatile organic compound emissions for which 
no other volatile organic compound emission 



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March 1, 1994 



PROPOSED RULES 



control standards are applicable, including those 
standards found in Section .0900 of this Subchap- 
ter as well as Rules .0524 and .0525 of this Sec- 
tion. 

(b) A person shall not place, store or hold in 
any stationary tank, reservoir, or other container 
with a capacity greater than 50,000 gallons, any 
liquid compound containing carbon and hydrogen 
or containing carbon and hydrogen in combination 
with any other element which has a vapor pressure 
of 1.5 pounds per square inch absolute or greater 
under actual storage conditions unless such tank, 
reservoir, or other container: 

(1) is a pressure tank, capable of maintain- 
ing working pressures sufficient at all 
times to prevent vapor gas loss into the 
atmosphere; or 

(2) is designed and equipped with one of 
the following vapor loss control devic- 
es: 

(A) a floating pontoon, double deck type 
floating roof or internal pan type 
floating roof equipped with closure 
seals to enclose any space between the 
cover's edge and compartment wall; 
this control-equipment shall not be 
permitted if the compound is a photo- 
chemically reactive material having a 
vapor pressure of 1 1 .0 pounds per 
square inch absolute or greater under 
actual storage conditions; all tank 
gauging or sampling devices shall be 
gas-tight except when tank gauging or 
sampling is taking place; 

(B) a vapor recovery system or other 
equipment or means of air pollution 
control as approved by the Director 
which reduces the emission of organic 
materials into the atmosphere by at 
least 90 percent by weight; all tank 
gauging or sampling devices shall be 
gas-tight except when tank gauging or 
sampling is taking place. 

(c) A person shall not load in any one day more 
than 20,000 gallons of any volatile organic com- 
pound into any tank-truck, trailer, or railroad tank 
car from any loading facility unless the loading 
uses submerged loading through boom loaders 
that extend down into the compartment being 
loaded or by other methods demonstrated to the 
Director to be at least as efficient. 

(d) A person shall not discharge from all sources 
at any one plant site more than a total of 40 
pounds of photochemically reactive solvent into the 
atmosphere in any one day, from any article, 



machine, equipment or other contrivance used for 
employing, applying, evaporating or drying any 
photochemically reactive solvent or substance 
containing such solvent unless the discharge has 
been reduced by at least 85 percent by weight. 
Photochemically reactive solvents include any 
solvent with an aggregate of more than 20 percent 
of its total volume composed of the chemical 
compounds classified in this Paragraph, or which 
exceed any of the following percentage composi- 
tion limitations, referred to the total volume of the 
solvent: 

(1) a combination of hydrocarbons, alco- 
hols, aldehydes, esters, ethers, or 
ketones having an olefinic or cyclo- 
olefinic type of unsaturation except 
pcrchloroethylcne — five percent; 

(2) a combination of aromatic hydrocarbons 
with eight or more carbon atoms to the 
molecule except ethylbenzene--eight 
percent; 

(3) a combination of ethylbenzene, ketones 
having branched hydrocarbon structure, 
trichloroethylene, or toluene— 20 
percent. 

Whenever any photochemically reactive solvent, or 
any constituent of any photochemically reactive 
solvent may be classified from its chemical 
structure into more than one of the groups of 
chemical compounds in this Paragraph, it shall be 
considered as a member of the most reactive 
chemical compound group, that is, that group 
having the least allowable percent of the total 
volume of solvents. Diacetone alcohol and 
pe re hloro ethylene are not considered 
photochemically reactive under this Rule. 

(e) A source need not comply with Paragraphs 
(b), (c), or (d) of this Rule if it complies with 
otherwise applicable rules in Section .0900 of this 
Subchapter. However, the source shall not comply 
with Rules .0902 through .0911, .0950, .0951(a), 
and .0952 of this Subchapter. This Paragraph 
shall not apply to sources located in an area 
identified in Rule .0902(a) of this Subchapter. 

(f) Any source to which this Rule applies shall 
be exempted from the requirements of Paragraphs 
(b), (c), or (d) if control equipment is installed and 
operated which meets the requirements of best 
available control technology as defined in and 
determined by procedures of Rule .0530 of this 
Section. A new best available control technology 
determination and procedure need not be 
performed if in the judgement of the Director a 
previous best available control technology 
determination is applicable. 



8:23 



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March 1, 1994 



2318 



PROPOSED RULES 



(g) Sources at a plant site with emission limits 
established by Paragraphs (e) or (f) of this Rule 
shall be excluded from consideration when 
determining the compliance of any remaining 
sources with Paragraph (d) of this Rule. 



Statutory Authority G. S. 
215.107(a)(5). 



143-215. 3(a)(1); 143- 



SUBCHAPTER 2Q - AIR QUALITY 
PERMIT PROCEDURES 

SECTION .0100 - GENERAL PROVISIONS 

.0112 APPLICATIONS REQUIRING 

PROFESSIONAL ENGINEER SEAL 

(a) A professional engineer shall be required to 
seal technical portions of air permit applications 
consistent with the practice of engineering as 
defined by G.S. 89C and that directly involve 
engineering tasks, including: 

(1) the evaluation or design of air pollution 
capture and control systems; or 

(2) determination and interpretation of 
emissions by calculation, such as 
thermodynamics, chemical reaction 
kinetics, heat balances, material 
balances, or published emission factors 
where a range of values are given. 

(b) A professional engineer is not required to 
seal the following: 

(1) any source with non-optional air 
pollution control equipment that 
constitutes an integral part of the 
process equipment as originally 
designed; 

sources that are permitted under Rule 
.0310 or .0509 of this Subchapter; 
paint spray booths; 

particulate emission sources with air 
flow rates of less than 10,000 cubic feet 
per minute; or 

permit renewal if no modifications are 
included in the permit renewal 
application. 

Statutory Authority G.S. 
215. 108. 



l2j 

L4j 



15] 



143-215. 3(a)(1); 143- 



TITLE 16 - DEPARTMENT OF 
PUBLIC EDUCATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Education 



intends to amend rule cited as 16 NCAC 6C . 0402. 

1 he proposed effective date of this action is June 
1. 1994. 

1 he public hearing will be conducted at 9:30 
a.m. on April 1 , 1994 at the Education Building, 
301 N. Wilmington Street, Room 224, Raleigh, NC 
27601-2825. 

ixeason for Proposed Action: Amendment is 
necessary to implement G.S. 1 15C-336(b). 

(comment Procedures: Any interested persons 
may submit views and comments in writing before 
or at the hearing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY 
AND SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0400 - LEAVE 

.0402 SICK LEAVE 

(a) Public school employees who earn vacation 
leave also earn sick leave. Full-time employees 
earn one day per month or the number of hours 
worked daily by a full-time employee in that class 
of work. Part-time employees earn and may use 
sick leave in proportion to the part of the day for 
which they are employed. 

(b) The LEA may allow sick leave to be used 
for temporary disability which prevents an employ- 
ee from performing his or her usual duties, illness 
in the employee's immediate family and attendant 
medical appointments which require the 
employee's attendance, death in the immediate 
family and medical appointments for the employee. 
The immediate family includes spouse, children, 
parents (including the step relationship) and 
dependents living in the household, except that in 
the case of death, the term does not include 
dependents but does include siblings, grandparents, 
grandchildren, and the step, half and in-law 
relationships. 

(c) Employees must take leave in one-half days. 
whole days, or hours as determined for earning 
purposes by the local board. 

(d) Employees may accumulate sick leave 
indefinitely and may transfer sick leave as in the 
case of vacation leave. 



2319 



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PROPOSED RULES 



(e) LEAs may advance sick leave not to exceed 
the amount which would be earned within the 
school year. 

(f) An employee who is overdrawn on sick leave 
when the employee separates from service will 
have the excess leave corrected through a 
deduction from the final salary check. 

(g) If the period of sick leave taken is less than 
30 days, the employee will return to his or her 
position with the LEA. If the period of temporary 
disability exceeds 30 days, the superintendent shall 
determine when the employee is to be reinstated. 
The superintendent makes this decision based on 
the welfare of the students and the need for 
continuity of instruction. 

(h) The LEA shall credit an employee who 
separates from service and returns within 60 
months with all sick leave accumulated to the time 
of separation. 

(i) Permanent full or part-time instructional 
personnel, excluding teacher assistants, who are 
absent due to their personal illness or injury in 
excess of their accumulated sick leave, shall be 
allowed extended sick leave of up to 20 work days 
throughout the regular term of employment. 
These days do not have to be consecutive. A new 
employee must have reported to work to be 
eligible for extended sick leave. The 

superintendent may require a doctor's certificate or 
other acceptable proof of the reason for the 
absence. 

£j} An LEA may establish a voluntary sick leave 
bank for its employees. Any employee of an LEA 
that establishes a voluntary sick leave bank may, 
but is not required to, participate in the voluntary 
sick leave bank. 

(1) The LEA shall develop and implement 
a plan for participation that shall 
include those factors listed jn G.S. 
115C-336(b)(i)-(vii)and the following: 
a uniform number of days to be 
the 



(B) 
ID) 



to 



bank by 



contributed 

participants; 

provisions for legitimate usage of 

days by participants; 

means to protect against overdraft of 

total contributed days; and 

safeguards to prevent abuses by 

participants. 
(2) The LEA shall establish a sick leave 
bank committee to administer the sick 
leave bank. 
(A) The LEA shall assure that all local 

personnel are equitably represented on 

the committee. 



(B) The LEA shall develop operational 
rules for the efficient and effective 
functioning of the bank. 

(C) The LEA shall develop procedures for 
participants' usage of days based upon 
requirements in the plan. 

(D) The LEA shall specify the limits of 
the committee's authority. 

(E) The committee shall notify all 
participating employees of the ways m 
which their participation will affect 
their state retirement account. 

(3) The LEA shall ensure that its 



operational procedures require: 
(A) that payment of substitutes 



and 



matching social security are charged 
to the appropriate program report 
code; and 
(B) the reporting to the division of school 
business services of the Department of 
the number of employees participating 
itemized by job classification, the 
number of sick leave days withdrawn, 
the cost of the leave, and other data 
required for fiscal and programmatic 
accountability. 

Statutory Authority G.S. 115C-12(8); 115C-336. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Licensing 
Board for General Contractors intends to amend 
rules cited as 21 NCAC 12 .0202, .0205, .0306 
and .0402. 

1 he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on April 13, 1994 at the Office of the North 
Carolina Licensing Board for General Contractors, 
3739 National Drive, Suite 225, Raleigh, North 
Carolina. 

MXeason for Proposed Action: 

21 NCAC 12 .0202 - to clarify what construction 

activities fall within the specific classifications of 

general contracting. 

21 NCAC 12 .0205 - to set out requirements and 



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March 1, 1994 



2320 



PROPOSED RULES 



responsibilities for the holder of a general 
contractor's license in the event the qualifying 
individual or individuals cease to be connected 
with the licensee. 

21 NCAC 12 .0306 - to require that an applicant 
who wishes to be admitted to a particular 
examination must file a completed application no 
later than forty-five (45) days preceding the 
scheduled date of the desired examination to be 
assured of being admitted to that examination. 
21 NCAC 12 .0402 - to add additional areas of 
knowledge to be tested on the Board 's examination 
and that the Examination Information Procedures 
publication describes the suggested examination 
resources and reference materials for each 
examination. 

(comment Procedures: Persons wishing to present 
oral data, views or arguments on a proposed rule 
or rule change may file a notice with the Board at 
least 10 days prior to the public hearing at which 
the person wishes to speak. Comments should be 
limited to 10 minutes. The Board's address is 
P.O. Box 17187, Raleigh, North Carolina 27619. 
Written submission of comments or argument will 
be accepted at any time up to and until the close of 
the public hearing at which time the Board intends 
to act on the proposed amendments. 

CHAPTER 12 - LICENSING BOARD 
OF GENERAL CONTRACTORS 

SECTION .0200 - LICENSING 
REQUIREMENTS 

.0202 CLASSIFICATION 

(a) A general contractor may be certified in one 
of five classifications. These classifications are: 

(1) Building Contractor. This classification 
covers commercial, industrial, 
institutional, and all types of residential 
building construction; covers all site 
work, grading and paving of parking 
lots, driveways, sidewalks, curbs and 
gutters which are ancillary to the 
aforementioned types of construction; 
and covers the work done under the 
specialty classifications of S(Concrete 
Construction), S(Insulation), S(Interior 
Construction), S(Masonry 
Construction), S( Roofing), S(Metal 
Erection), and S(Swimming Pools). 

(2) Residential Contractor. This 
classification covers the construction of 



residential units which are required to 
conform to the North Carolina Uniform 
Re s idential Building Codes; residential 
building code adopted by the Building 
Code Council pursuant to G.S. 143- 
138; covers all site work, driveways 
and sidewalks ancillary to the 
aforementioned construction; and 
covers the work done as part of such 
residential units under the specialty 
classifications of S(Insulation), 
S(Masonry Construction), S(Roofing), 
and S(Swimming Pools). 

(3) Highway Contractor. This classification 
covers grading, paving of all types, 
installation of exterior artificial athletic 
surfaces, relocation of public and 
private utility lines ancillary to the 
principal project, bridge construction 
and repair, sidewalks, curbs, and 
gutters and storm drainage. Includes 
installation and erection of guard rails. 
fencing, signage and ancillary highway 
hardware; covers paving and grading of 
airport and airfield runways, taxi ways, 
and aprons, including the installation of 
signage, runway lighting and marking ; 
and covers work done under the 
specialty classifications of S(Boring and 
Tunneling), S(Concrete Construction), 
S(Marine Construction) and S( Railroad 
Construction). If the contractor limits 
his activity to grading and does no 
other work described herein, upon 
proper qualification the classification of 
H(Grading and Excavating) may be 
granted. 

(4) Public Utilities Contractor. This 
classification includes those whose 
operations are the performance of 
construction work on the 
subclassifications of facilities set forth 
in G.S. 87-10(3). The Board may issue 
a license to a public utilities contractor 
that is limited to any of the 
subclassifications set forth in G.S. 87- 
10(3) for which the contractor qualifies. 
Within appropriate subclassification, a 
public utilities contractor license covers 
work done under the specialty 
classifications of S(Boring and 
Tunneling), PU(Communications). 
PU(Fuel Distribution), PU(Electrical - 
Ahead of Point of Delivery), and 
S(Swimming Pools). 



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PROPOSED RULES 



(5) Specialty Contractor. This classification 
shall embrace that type of construction 
operation and performance of contract 
work outlined as follows: 

(A) H(Grading and Excavating). Covers 
the digging, moving and placing of 
materials forming the surface of the 
earth, excluding air and water, in 
such a manner that the cut, fill, 
excavation, grade, trench, backfill, or 
any similar operation can be executed 
with the use of hand and power tools 
and machines commonly used for 
these types of digging, moving and 
material placing. Covers work on 
earthen dams and the use of 
explosives used in connection with 
all or any part of the activities 
described in this Subparagraph. Also 
includes clearing and grubbing, and 
erosion control activities. 

(B) S(Boring and Tunneling). Covers the 
construction of underground or 
underwater passageways by digging 
or boring through and under the 
earth's surface including the bracing 
and compacting of such passageways 
to make them safe for the purpose 
intended. Includes preparation of the 
ground surfaces at points of ingress 
and egress. 

(C) PU(Communications). Covers the 
installation of the following: 

(i) All types of pole lines, and aerial 
and underground distribution 
cable for telephone systems; 

(ii) Aerial and underground 
distribution cable for Cable TV 
and Master Antenna TV Systems 
capable of transmitting R.F. 
signals; 

(iii) Underground conduit for and 
communication cable including 
fiber optic cable ; and 

(iv) Microwave systems and towers, 
including foundations and 
excavations where required, when 
the microwave systems are 

being used for the purpose of 
transmitting R.F. signals. 

(D) S(Concrete Construction). Covers the 
construction and installation of 
foundations, pre-cast silos and other 
concrete tanks or receptacles, pre- 
stressed components, and gunite 



applications, but excludes bridges, 
streets, sidewalks, curbs, gutters, 
driveways, parking lots and highways. 

(E) PU(Electrical - Ahead of Point of 
Delivery). Covers the construction, 
installation, alteration, maintenance or 
repair of an electrical wiring system, 
including sub-stations or components 
thereof, which is or is intended to be 
owned, operated and maintained by an 
electric power supplier, such as a 
public or private utility, a utility 
cooperative, or any other properly 
franchised electric power supplier, for 
the purpose of furnishing electrical 
services to one or more customers. 

(F) PU(Fuel Distribution). Covers the 
construction, installation, alteration, 
maintenance or repair of systems for 
distribution of petroleum fuels, 
petroleum distillates, natural gas, 
chemicals and slurries through 
pipeline from one station to another. 
Includes all excavating, trenching and 
backfilling in connection therewith. 
Covers the installation, replacement 
and removal of above ground and 
below ground fuel storage tanks . 

(G) PU(Water Lines and Sewer Lines). 
Covers construction work on water 
and sewer mains, water service lines, 
and house and building sewer lines as 
defined in the North Carolina State 
Building Code, and covers water 
storage tanks, lift stations, pumping 
stations, and appurtenances to water 
storage tanks, lift stations and 
pumping stations. Includes pavement 
patching, backfill and erosion control 
as part of such construction. 

(H) PU(Water Purification and Sewage 
Disposal). Covers the performance of 
construction work on water and 
wastewater treatment facilities and 
appurtenances to covers all site work, 
grading, and paving of parking lots, 
driveways, sidewalks, and curbs and 
gutters which are ancillary to such 
construction of water and wastewater 
treatment facilities. Covers the work 
done under the 



classifications 



s pecialty 
of S(Concrete 
Construction), S( Insulation) , 
Sdnterior Construction), S(Masonry 
Construction), S(Roofing), and 



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2322 



PROPOSED RULES 



S(Metal Erection) as part of such 

work on water and wastewater 

treatment facilities. 

(I) S(Insulation). Covers the installation, 

alteration or repair of materials 

classified as insulating media used for 

the non-mechanical control of 

temperatures in the construction of 

residential and commercial buildings. 

Does not include the insulation of 

mechanical equipment and ancillary 

lines and piping. 

(J) S(Interior Construction). Covers the 

installation of acoustical ceiling 

systems and panels; dry wall partitions 

(load bearing and non-load bearing), 

lathing and plastering, flooring and 

finishing, interior recreational 

surfaces, window and door 

installation, and installation of 

fixtures, cabinets and mill work. 

Includes the removal of asbestos and 

replacement with non-toxic 

substances. 

(K) S(Marine Construction). Covers all 

marine construction and repair 

activities in deep-water installations 

and in harbors, inlets, sounds, bays, 

and channels; covers dredging, 

construction and installation of 

pilings, piers, decks , slips, 

causeways, docks, and bulkheads. 

Does not include structures required 

on docks, slips and piers. 

(L) S(Masonry Construction). Covers the 

installation, with or without the use of 

mortar or adhesives, of the following: 

(i) Brick, concrete block, gypsum 

partition tile, pumice block or 

other lightweight and facsimile 

units and products common to the 

masonry industry; 

(ii) Installation of fire clay products 

and refractory construction; 
(iii) Installation of rough cut and 
dressed stone, marble panels and 
slate units, and installation of 
structural glazed tile or block, 
glass brick or block, and solar 
screen tile or block. 
(M) S(Railroad Construction). Covers the 
building, construction and repair of 
railroad lines including: 
(i) The clearing and filling of rights- 
of-way; 



(ii) Shaping, compacting, setting and 

stabilizing of road beds; 

(iii) Setting ties, tie plats, rails, rail 

connectors, frogs, switch plates, 

switches, signal markers, 

retaining walls, dikes, fences and 

gates; and 

(iv) Construction and repair of tool 

sheds and platforms. 

(N) S(Roofing). Covers the installation 

and repair of roofs and decks on 

residential, commercial, industrial, 

and institutional structures requiring 

materials that form a water-tight and 

weather-resistant surface. The term 

"materials" shall be defined for 

purposes of this Subparagraph to 

include, among other things, cedar, 

cement, asbestos, clay tile and 

composition shingles, all types of 

metal coverings, wood shakes, single 

ply and built-up roofing, protective 

and reflective roof and deck coatings, 

sheet metal valleys, flashings, gravel 

stops, gutters and downspouts, and 

bituminous waterproofing. 

(O) S(Metal Erection). Covers: 

(i) The field fabrication, erection, 

repair and alteration of 

architectural and structural 

shapes, plates, tubing, pipe and 

bars, not limited to steel or 

aluminum, that are or may be 

used as structural members for 

buildings, equipment and 

structure; and 

(ii) The layout, assembly and erection 

by welding, bolting or riveting 

such metal products as, but not 

limited to, curtain walls, tanks of 

all types , hoppers, structural 

members for buildings, towers, 

stairs, conveyor frames, cranes 

and crane runways, canopies, 

carports, guard rails, signs, steel 

scaffolding as a permanent 

structure , rigging, flagpoles, 

fences, steel and aluminum sidings 

stadium and arena seating, 

bleachers, and fire escapes. 

(P) S(Swimming Pools). Covers the 

construction, service and repair of all 

swimming pools. Includes: 

(i) Excavation and grading; 

(ii) Construction of concrete, gunite. 



2323 



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PROPOSED RULES 



and plastic-type pools, pool decks, 

and walkways, and tiling and 

coping; and 

(iii) Installation of all equipment 

including pumps, filters and 

chemical feeders. Does not 

include direct connections to a 

sanitary sewer system or to 

portable water lines, nor the 

grounding and bonding of any 

metal surfaces or the making of 

any electrical connections. 

(Q) S(Asbestos). This classification covers 

renovation or demolition activities 

involving the repair, maintenance, 

removal, isolation, encapsulation, or 

enclosure of Regulated Asbestos 

Containing Materials (RACM) for any 

commercial, industrial, or institutional 

building, whether public or private. 

It also covers all types of residential 

building construction involving 

RACM during renovation and/or 

demolition activities. 

(b) An applicant may be licensed in more than 

one classification of general contracting provided 

the applicant meets the qualifications for the 

classifications, which includes passing the 

examination for the classifications in question. 

The license granted to an applicant who meets the 

qualifications for all classifications will carry with 

it a designation of "unclassified". 

Statutory Authority G.S. 87-1; 87-10. 

.0205 FILING DEADLINE/ APP 

SEEKING QUAL/EMP/ ANOTHER 

(a) Any application made pursuant to G.S. 87-10 
for a new applicant seeking qualification by 
employment of a person who has already passed an 
examination shall be completed and filed at least 
30 days before any regular or special meeting of 
the Board. At such meeting the Board will 
consider the application. The regular meetings of 
the Board are in January, April, July and October 
of each year. 

(b) The qualifier for the applicant shall be a 
responsible managing employee, officer or member 
of the personnel of the applicant, as described in 
G.S. 87-10 and Rule .0408(a) of this Chapter. A 
person may serve as a qualifier for the person's 
own individual license and for only one additional 
license. A person may not serve as a qualifier 
under this Rule if such person has not served as a 
qualifier for a license of the appropriate 



classification for more than two years prior to the 
filing of the application. Subject to the provisions 
of G.S. Chapter 150B and Section .0800 of these 
Rules, the Board may reject the application of an 
applicant seeking qualification by employment of 
a person who has already passed an examination if 
such person has previously served as qualifier for 
a licensee which has been disciplined by the 
Board. 

£c} It is the responsibility of the holder of a 
general contractor's license to notify the Board 
immediately in writing in the event the qualifying 
individual or individuals cease to be connected 
with the licensee. After such notice is filed with 
the Board, the license shall remain in full force 
and effect for a period of 30 days thereafter, and 
then be cancelled, as provided by G.S. 87-10. 
Holders of a general contractor's license are 
entitled to reexamination or replacement of the 
qualifying individual's credentials in accordance 
with G.S. 87-10, but may not engage in the 
practice of general contracting for any project 
whose cost exceeds the monetary threshold set 
forth in G.S. 87-1, until a responsible managing 
employee has passed a required examination. 

Statutory Authority G.S. 87-1; 87-10. 

SECTION .0300 - APPLICATION 
PROCEDURE 

.0306 FILING DEADLINE 

The applicant who wishes to be admitted to a 
particular examination must file a completed 
application no later than the first day of the month 
preceding — the — month 45 days preceding the 
scheduled date of the desired examination in order 
to be assured of being admitted to that 
examination. Examinations are given in March, 
June, September and December of each year. 

Statutory Authority G.S. 87-1; 87-10. 

SECTION .0400 - EXAMINATION 

.0402 SUBJECT MATTER 

(a) In light of the requirements of G.S. 87-10, 
the examinations given by the Board are designed 
to ascertain: 

(1) the applicant's general knowledge of 
the practice of contracting in areas such 
as plan and specification reading, cost 
estimation, safety requirements, 
construction theory and other similar 
matters of general contracting 



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March 1, 1994 



2324 



PROPOSED RULES 



knowledge; 

(2) the applicant's knowledge of the 
practice of contracting within the 
classification or classifications of 
general contracting as indicated by the 
applicant to the Board in his 
application; 

(3) the applicant's knowledge of the laws 
of the State of North Carolina relating 
to contractors, construction and liens^ 
and the aspects and fundamentals of 
business management and operations . 

(b) The content of the examination will depend 
on the classification or classifications of general 
contracting for which the applicant seeks licensure, 
as indicated by his application. Also, within the 
specialty contractor classification, examinations 
given by the Board are designed to test the 
applicant's knowledge of the particular trade, 
category or categories of specialty contracting 
indicated in his application. The Examination 
Information Procedures publication describes the 
suggested examination resources and reference 
materials for each examination. 

Statutory Authority G.S. 87-1, 87-10. 

TITLE 25 - OFFICE OF 
STATE PERSONNEL 

fSotice is hereby given in accordance with G.S. 
150B-21.2 that the Office of State Personnel/State 
Personnel Commission intends to amend rule cited 
as 25 NCAC 1C .0412; repeal rules cited as 25 
NCAC ID .1122 - .1128; and adopt rules cited as 
25 NCAC ID .2401 - .2416. 

1 he proposed effective date of this action is June 
1, 1994. 

1 he public hearing will be conducted at 9:00 
a.m. on April 6, 1994 at the State Personnel 
Development Ctr. , 101 W. Peace Street, Raleigh, 
N.C. 

Ixeason for Proposed Action: 
25 NCAC 1C .0412 - To conform to the Legisla- 
tion which defines career status. 
25 NCAC ID .1122 - .1128 - No longer apply to 
current laws. 

25 NCAC ID .2401 - .2416 - To offer guidance to 
state agencies and universities in implementing the 



new Comprehensive Compensation System which 
compensates state employees based on their indi- 
vidual performance. 

Ksomment Procedures: Interested persons may 
present statements either orally or in writing at the 
Public Hearing or in writing prior to the hearing 
by mail addressed to: Barbara A. Coward, 116 
W. Jones Street, Raleigh, N.C. 27603. 

CHAPTER 25 - OFFICE OF STATE 
PERSONNEL 

SUBCHAPTER 1C - PERSONNEL 
ADMINISTRATION 

SECTION .0400 - APPOINTMENT 

.0412 PERSONNEL CHANGES NOT 

SUBJECT TO A PROBATIONARY 
PERIOD 

A probationary period cannot be required to any 
of the following changes: 

(1) Promotion of a perman e nt an employee 
who has a permanent appointment ; 

(2) Transfer of a p e rmanent an employee 
who has a permanent appointment ; 

(3) Demotion of a perman e nt an employee 
who has a permanent appointment ; 

(4) Reinstatement after leave of absence. 

Statutory Authority G. S. 126-4. 

SUBCHAPTER ID - COMPENSATION 

SECTION .1100 - PERFORMANCE SALARY 
INCREASES 

.1122 ANNUAL PERFORMANCE PAY 
COMPENSATION SURVEY 

In accordance with state policy and with th e Stat e 
P e rsonn e l Act th e Stat e P e rsonn e l Commi ss ion 
shall conduct an annual performanc e pay comp e n 
sation surv e y. — Each year the Commission shall 
pres e nt th e findings of th e surv e y and its p e rfor 
mano e pay r e commendations to th e Appropriations 
Committ e es of the Hous e and S e nat e for inclusion 
in the stat e budg e t. 

Statutory Authority G.S. 126-7. 

.1123 ELIGIBLE EMPLOYEES 

(a) — Employees having p e rman e nt full time or 
part tim e (half tim e or mor e ) appointm e nts whos e 



2325 



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PROPOSED RULES 



salaries do not exceed the maximum of the range 
and whose performance exceeds requirements are 
eligible for performance increases and/or pcrfor 
mancc bonuses. 

{b) — Employees having probationary or trainee 
appointments arc not eligible for performance 
increases. — These employees become eligible for 
performance increases after they have: 

{-!-) achieved permanent status; 

(3} have completed a work cycle; and 

{£) have a performance appraisal with a 

rating that exceed s requirements. 

(c) Employees who arc on leave without pay on 
the date performance increases are granted may 
receive the performance increase on the date of 
reinstatement if the work cycle has been completed 
and a performance appraisal completed. — If the 
work cycle and/or appraisal is completed after an 
employee — returns — from — leave — without pay, — the 
performance increase cannot become effective until 
the quarterly payment date following the comple 
tion of the performance appraisal. 

fd} — Employees whose salarie s arc above the 
maximum of their salary range arc not eligible for 
performance increases or performance bonuses. 

ip) — Employees who separate from state service 
prior to the effective date increase s arc awarded in 
an agency are not eligible for performance incrcas 
esr 

Statutory Authority G.S. 126-4(2). 

.1124 BASIS FOR AWARDING INCREASES 

(a) Each department, agency, or institution must 
have an operative performance management system 
which has been approved by the Office of State 
Personnel and which includes a summary pcrfor 
manoo appraisal using the North Carolina Pcrfor 
mancc Rating Scale. — The complete requirements 
for an operative performance management and 
appraisal system arc defined in Subchapter lO, 
Sections .0100, .0200 and .0300. 

(b) — Each employee shall be informed of the 
agency's rating scale and the percent ranges set by 
the Office of State Personnel for awarding pcrfor 
mance increases. — Supervisors shall inform each 
employee of the amount of the performance in 
crease he will receive. Any employee with a 
performance rating that exceeds requirements but 
who docs not receive a performance increase shall 
be informed in writing of the reasons. — Any cm 
ploycc who receives an increase other than the 
mid range value assigned to the level of exceeds 
which corresponds to their overall rating shall be 
provided written justification if it is requested by 



the employee. — The supervisor mu s t inform the 
employee — in writing of the availability — of the 
agency's procedure in which the employee can 
seek resolution of any dispute with the overall 
summary rating, the failure to receive an increase 
and/or the amount of the increase. — (Sec al s o 25 
NCAC U .0901 — .0903.) 

fe) — Agency heads may e s tablish agency wide 
limits on the total number of employees who may 

receive increases. However, any overall — limits 

may not extend to individual work units s o as to 
preclude — consideration of an employee — who s e 
performance exceeds expectation s . 

Statutory Authority G.S. 126-4(2). 

.1125 AMOUNT OF INCREASE 

{a) — Each year the Office of State Personnel shall 
set the performance percent increase ranges (mini 
mum, mid range and maximum) allowable for each 
l e vel — of performance — that — exceed — performance 
requirements. — The performance increa s e ranges 
will be determined, in part, by the percent of total 
pay roll appropriated for performance and general 
increases and, in part, on labor market practices 
and the condition of the state's pay structure. 

fb) — An employee shall receive a performance 
appraisal review at least once during every 12 
month work period. — Performance increase s s hall 
be distributed fairly within work units and across 
agencies and shall be rewarded only for pcrfor 
mancc that exceeds performance requirements. An 
employee who s e performance exceeds expectations 
s hall — receive — a — percent — increase — equal — to the 
mid range value of the rating level, unless the 
supervisor can justify the decision not to award a 
performance increa s e or can justify an increa s e 
above — or — below — the — mid range — value — of the 

applicable range. Ah — employee whose 

performance — docs — net — exceed — performance 
requirements — sbaH — net — receive — a — performance 
increase. — A s upervisor's p e rformance rating of 

individual employees and recommended 

performance increase amounts, with justification, 
shall — be — reviewed — and — approved — by — that 
s upervisor' s next higher level supervisor. 

(e) — The overall rating is the primary basis for 
determining whether an employee s hould receive 

a performance salary — increase. Examples — ef 

acceptable — ju s tification — for — net — awarding — an 
increase or for awarding a percent increase (higher 
or lower) other than the mid range of the percent 
range — associated — with — the — level — ef — exceeding 
performance arc: 

{+) a-n employee' s valu e te tbe 



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March 1, 1994 



2326 



PROPOSED RULES 



organization; 

{3} an employee's placement in the salary 

range versus that for other employees 
in the unit with s imilar performance; 

f^) the length of time since an employee 

test received a salary increase 

(promotion, — reallocation, — and — range 
revision) — and — the — amount — of- — the 
increase; 

{4) — ■ — the total performance budget available 
-the work un+t versus — the 



te 
fef- 



performancc ratings and salaries of the 
employees in the work unit; 

{§} an — employee's performance aed 

disciplinary or work conduct history. 
i4j — The State Personnel Director may suspend 
any performance increase that docs not appear to 
meet — the — intent — of- — the — provi s ion s — of- — the 
performance — pay — system — aed — require — the 
originating department, agency, or institution to 
reconsider or justify the increase. 

{e) — Employees whose salaries are below the 
maximum — ef- — the — salary — range — may — receive 
performance increases within the limits described 
in this Rule, but not to exceed the maximum of th e 
s alary rang e . — Such awards become a part of base 
pay of the employee. — Employees who receive a 



in the amount that it took to go to the maximum of 
the range and th e amount that would have been 
awarded, based on the performance rating, in the 
form of a performance bonus. 

i4) Employee s — who s e — salaries — afe — at — the 

maximum may receive performance increase s in 
the form of a performance bonus. — Performance 
bonuses, or a combination of performance increa s e 
and performance bonus, shall be within the limits 
de s cribed in thi s Rule. — Performance bonus shall 
be one time, lump sum award. — Such awards do 
not increase the base pay of the employee and do 
not continue the following year. 



Statutory Authority G.S. 126-7. 



employee's overall performance rating for the most 
recent performance appraisal review cycle. — An 
employee shall receive a performance appraisal 
review at least once during every fiscal year. — Aft 
employee may receive more than one performance 
increase — during — a — fiscal — year, — btrt — the — tetai 
performance increase for a fiscal year shall not 
exceed the maximum percent set by the Office of 
State Personnel. 



Statutory Authority G.S. 126-7. 



.1127 



LIMITATION ON FUNDS FOR 
PERFORMANCE INCREASE 



available 



partial performance increase talcing them to the 

maximum of the range may receive the difference When pcrfi 

in the amount that it took to 



(a) — The total annual amount of money 
for performance salary increases for employees 
will be computed based on permanent SPA salaries 
as of June 30. 

(b) Each agency shall request a transfer of funds 
in accordance — with — instructions — issued — by the 
Office of State Budget and Management to cover 
aH — performance s alary — increa s e s — in an amount 
equal to the total fund s allocated. 

Statutory Authority G.S. 126-7. 

,1128 SALARY INCREASE FUNDS 

BECOME PART OF BASE SALARY 

brmance increase funds are granted to 
an eligible employee whose salary is below the 
maximum of the range, such fund s immediately 
become a part of the employee' s ba s e s alary. 
When performance increase funds are granted to 
an — eligible — employee whose — s alary — is — at — the 
maximum, it is a on e time payment. — Therefore, 
when an increase is granted, it loses its identity. 
Ne — performance — increase — reserve — eafi — be 
established by turnover once the increase has been 
granted. 



Statutory Authority G.S. 126-4(2). 

SECTION .2400 - COMPREHENSIVE 
COMPENSATION SYSTEM 



.1126 PERFORMANCE SALARY INCREASE 
EFFECTIVE DATES 



Performance 



-the 



jc increases shall be granted on 
fir s t day of the pay period neare s t to the first day 
of Augu s t or any month following during the fi s cal 
year. — Increase s s hall be paid on a current basis in 
the month in which they arc effective and s hall not 
be retroactive. — This includes initial increase s , as 



-tfte 



well as partial increases granted later in the year. 
The performance increase shall be based on the 



.2401 PURPOSE 

(a) The State shall compensate its employees at 
a level sufficient to encourage excellence of 
performance and to maintain the labor market 
competitiveness necessary to recruit and retain a 
competent work force. To this end, salary 
increases to State employees shall be implemented 
through the Comprehensive Compensation System 
based upon the individual performance of each 
State employee. 



2327 



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PROPOSED RULES 



(b) To guide the Governor and the General 
Assembly in making appropriations to fund the 
Comprehensive Compensation System , the State 
Personnel Commission shall conduct annual 
compensation surveys. The Commission shall 
present the results of the compensation survey to 
the General Assembly each year. 

(c) The types of increases to be appropriated 
annually through the Comprehensive Compensation 
System, subject to the availability of funds, are the 
Career Growth Recognition Award, the 
Cost-of-Living Adjustment, and the Performance 
Bonus. 

Statutory Authority G.S. 126-7. 

.2402 CAREER GROWTH RECOGNITION 
AWARD 

Career Growth Recognition Award is an annual 
salary increase awarded to an employee whose 
final overall summary rating is at or above the 
Good level of the rating scale and who does not 
have an unresolved final written warning that 
involves personal conduct. This is the primary 
method by which an employee progresses through 
the salary range. In the event that an employee 
does not receive a cost-of-living increase, the 
salary may fall below the minimum of the salary 
range. This factor alone shall not be justification 
for any type of salary adjustment. 

Statutory Authority G.S. 126-7. 

,2403 AMOUNT OF CAREER GROWTH 
RECOGNITION AWARD 

The amount of increase shall be determined by 
the General Assembly each year. The increase 
shall be added to the employee's salary within the 
assigned pay grade but shall not exceed the 
maximum of the salary range. A partial increase 
may be given to the maximum. 

Statutory Authority G.S. 126-7. 



awarded . For an employee who otherwise 
qualifies for a career growth recognition award, a 
final written warning is the only justification for 
not granting this increase. 

£b) An employee who has been denied the career 
growth recognition award because of an 
unresolved final written warning shall receive the 
award on a current basis at the time that final 
written warning is resolved. (See 25 NCAC ID 
.2414 of this Section) For purpose of calculating 
the career growth recognition award, only the most 
recently awarded increase shall be utilized. 

(c) An employee having a probationary or 
trainee appointment is not eligible for a career 
growth recognition award . These employees 
become eligible after they have: 

(1) achieved a permanent appointment, 

(2) have completed a work cycle, and 

(3) have a summary rating that is at or 
above the Good level. 



(d) An employee who is on leave without pay on 
the date career growth recognition awards are 
granted shall receive the increase on the date of 
reinstatement if the work cycle has been completed 
and a summary rating given. If the work cycle 
and summary rating have not been completed, the 
employee shall receive the career growth 
recognition award at the time when both are 
completed. 

(e) An employee who separates from State 
service prior to the effective date career growth 
increases are awarded is not eligible for the 
increase. 



Statutory Authority G.S. 126-7. 

.2405 EFFECTIVE DATE OF CAREER 

GROWTH RECOGNITION AWARD 

Career growth recognition awards shall be 
granted on the first day of July unless otherwise 
specified by the General Assembly or because it is 
delayed due to an unresolved final written 
warning. 



.2404 EMPLOYEES ELIGIBLE FOR 

CAREER GROWTH RECOGNITION 
AWARD 

(a) An employee having a permanent full-time 
or part-time (half-time or more) appointment 
whose salary does not exceed the maximum of the 
range and whose performance is rated at or above 
the Good level shall receive a career growth 
recognition award unless the employee has an 
unresolved final written warning that involves 
personal conduct on the date the increases are 



Statutory Authority G.S. 126-7. 

.2406 COST-OF-LIVING ADJUSTMENT 

Cost-of-Living Adjustment is a general salary 
increase in response to inflation and labor market 
factors awarded to an employee whose final 
overall summary rating is at or above the Below 
Good level of the rating scale, and who does not 
have an unresolved final written warning. 

Statutory Authority G.S. 126-7. 



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2328 



PROPOSED RULES 



.2407 AMOUNT OF COST-OF-LIVING 
ADJUSTMENT 

The amount of the increase, jf any, shall be 
established by the General Assembly each year. 
The salary ranges shall be increased by the amount 
of the increase and individual increases will not 
change the relative position of the employee's 
salary within the salary range. 

Statutory Authority G.S. 126-7. 

.2408 EMPLOYEES ELIGIBLE FOR 

COST-OF-LIVING ADJUSTMENT 

(a) An employee having a permanent, 
probationary, or trainee full-time or part-time 
(half-time or more) appointment whose 
performance is rated at or above the Below Good 
level, except employees who have an unresolved 
final written warning involving personal conduct 
on the date that increases are given. This applies 
to all employees regardless of where their salary js 
in the salary range, including those above the 
maximum. 

(b) For the purpose of granting the cost-of-living 
adjustment to employees who have not completed 
a full performance management cycle and received 
a summary rating, the following shall apply: 

(1) Prior to July J^ each employee's 



ill 



performance shall be reviewed and 
determined if it is unsatisfactory or 
above. 

If the review indicates unsatisfactory 
performance, the employee shall not 
receive the cost-of-living adjustment 
until the performance level js above the 
unsatisfactory level. The actual results 
of the review shall be documented with 
the employee. 

(3) If the review indicates that the 
performance is above unsatisfactory, 
the employee shall be granted the 
cost-of-living adjustment. 

(4) If the supervisor feels that the employee 
has not worked long enough for a 
determination of performance level to 
be made, a review shall be made each 
month for the purpose of determining 
whether the performance js above 
unsatisfactory and the cost-of-living 
adjustment should be granted. 

(5) If the cost-of-living adjustment has not 
been granted during the probationary 
period, it shall be granted at the time 
the employee js given a permanent 
appointment since the employee's per- 



formance must be satisfactory to move 
from a probationary to a permanent 
appointment. 

(c) An employee who has been denied the 
cost-of-living adjustment because of an unresolved 
final written warning involving personal conduct 
shall receive the adjustment on a current basis 
when that final written warning is resolved. (See 
25 NCAC ID .2414 of this Section) 

(d) An employee who is on leave without pay on 
the date a cost-of-living adjustment is granted shall 
receive the increase on the date of reinstatement if 
the work cycle has been completed and a summary 
rating given. If the work cycle and the rating have 
not been completed, the increase shall be given at 
the time when both have been completed. 

Statutory Authority G.S. 126-7. 

.2409 EFFECTIVE DATE OF COST- 
OF-LIVING ADJUSTMENT 

Cost-of-living adjustments shall be awarded on 
the first day of July unless otherwise specified by 
the General Assembly or because it has been 
delayed due to an unresolved final written warn- 
ing. 

Statutory Authority G.S. 126-7. 

.2410 PERFORMANCE BONUS 

Performance Bonus is a salary increase awarded 
in a lump sum to an employee whose final overall 
summary rating is at or above the Very Good level 
of the rating scale and who does not have an 
unresolved final written warning. 

Statutory- Authority G.S. 126-7. 

.2411 AMOUNT OF PERFORMANCE 
BONUS 

(a) The total amount of performance bonus. If 
any, shall be established by the General Assembly 
each year. The amount of increase for each level 
shall be established by the Office of State Person- 
nel. Each employee shall be informed of the 
amount of increase established. 

(b) No employee shall be eligible to receive, 
during a 12-month period, a performance bonus 
greater than the maximum amount or less than the 
minimum amount established by the Office of State 
Personnel. An employee may receive more than 



one performance bonus during a fiscal year, but 
the total shall not exceed the maximum percent set 
by the Office of State Personnel, 
(c) The performance bonus js a lump sum 



2329 



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PROPOSED RULES 



payment and does not become a part of base pay. 
Statutory Authority G. S. 126-7. 

.2412 EMPLOYEES ELIGIBLE FOR PERFORMANCE BONUS 

(a) An employee having a permanent full-time or part-time (half-time or more) appointment whose 
performance is rated at or above the Very Good level shall be eligible to receive a performance bonus unless 
the employee has an unresolved final written warning that involves personal conduct on the date bonuses 
are awarded. 

(b) An employee who has been denied a performance bonus because of an unresolved final written 
warning involving personal conduct shall not be eligible for a performance bonus during the current cycle. 
The employee will be eligible for a bonus in the next cycle based on the performance evaluation rating. 

(c) An employee having a probationary or trainee appointment is not eligible for a performance bonus. 
These employees become eligible after they have: 

(1) achieved a permanent appointment, 

(2) have completed a work cycle, and 

(3) have a summary rating at or above the Very Good level . 

(d) An employee who is on leave without pay on the date performance bonuses are granted shall receive 
the bonus effective on the date of reinstatement if the work cycle has been completed and a summary rating 
given. If the work cycle and/or summary rating have not been completed, the employee shall receive the 
bonus at the time when both have been completed. 

(e) An employee whose salary js at the maximum of the salary range is eligible for a performance bonus. 

(f) An employee whose salary js above the maximum of the salary range js eligible for a performance 
bonus only to the extent that the base salary paid the employee plus the performance bonus allocated 
according to the employee's performance rating does not exceed the maximum salary paid on the adopted 
pay schedule for the applicable pay grade plus the allocated performance bonus calculated on the maximum 
salary on the pay schedule. This performance bonus shall be calculated as follows: 



Line 


Item 


Calculation 


I 


Maximum of salary range 




2 


% bonus due according to performance rating 




3 


Dollar amount of performance bonus [Line 1 x Line 21 




4 


Maximum annual salary allowed ILine 1 + Line 31 




5 


Salary of employee paid above maximum of range 




6 


Maximum performance bonus for employee paid above the range 
[Line 4 - Line 51 




If Line 5 is greater than Line 4, the employee cannot receive a bonus. 



(s) An employee who separates from State service prior to the effective date performance bonuses are 
awarded js not eligible to receive the increase. 



Statutory Authority G.S. 126-7. 

.2413 EFFECTIVE DATE OF 

PERFORMANCE BONUS 

Performance bonuses shall be granted on the first 
day of the pay period nearest to the first day of 
August or any month following during the fiscal 
year. 



Statutory Authority G.S. 126-7. 

.2414 BASES FOR AWARDING INCREASES 

(a) Each agency shall have an operative Perfor- 
mance Management System which has been ap- 
proved by the Office of State Personnel using the 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2330 



PROPOSED RULES 



North Carolina Performance Rating Scale. The 
complete requirements for an operative perfor- 
mance management and appraisal system are 
defined in 25 NCAC IP - Performance Manage- 
ment System . 

(b) Salary increases shall be based on annual 
performance appraisals of all employees conducted 
by each agency. Eligibility for increases will be 
based on the most recent performance appraisal 
rating received during the previous 12-month 
period. 

(c) The performance appraisal system of each 
agency shall ensure that salary increases are 
distributed fairly, consistent with internal equity 
and with the Performance Management System . 
The State Personnel Director shall rescind any 
career growth recognition award or performance 
bonus that does not meet the intent of the provi- 
sions of the performance appraisal system and 
require the originating agency to reconsider or 
justify the increase. An increase or bonus does 
not meet the intent of the provisions of the perfor- 
mance appraisal system in the event that increases 
or bonuses are distributed: 



m 
ill 

ill 



in an arbitrary or capricious manner; 
in a manner that violates laws prohibit- 
ing discrimination; or 
to managers or supervisors whose 



failure to comply with the performance 
appraisal system resulted in the loss of 
an increase or a bonus by employees 
under their supervision, 
(d) No agency shall set limits so as to preclude 
an eligible employee from receiving a career 
growth recognition award, cost-of-living adjust- 
ment, or performance bonus; or to initiate written 
disciplinary procedures for the purpose of preclud- 
ing an eligible employee from receiving a 
cost-of-living adjustment. 

Statutory Authority G.S. 126-7. 

.2415 FINAL WRITTEN WARNING 

£a) For purpose of this Section only, a final 
written warning is deemed to be resolved in the 
event : 

(1) that the personal conduct issue is 
resolved and the warning is removed 
from the employee's personnel file, or 

(2) that the personnel file of the employee 
contains a written statement from an 
authorized manager or supervisor 
indicating that, after review of the 
personal conduct issue, circumstances 
warrant the granting of the career 



growth award, or 
(3) that the final written warning is not 
resolved in a manner set forth in Sub- 
paragraph (a)(1) or (a)(2) of this Rule, 
and: 

(A) more than 18 months have passed 
since the date of the final written 
warning or a letter extending the 
effect of the warning, and 

(B) the agency has not tendered notice to 
the employee of the extension of the 
final written warning for the purpose 
of this Section. (The notice of exten- 
sion may be tendered at any time 
prior to 1_8 months from the date of 
the final written warning or prior to 
the expiration of 18 months from the 
date of the prior extension.) 

(b] In the event that neither Subparagraph (a)( 1 ). 
(a)(2), nor (a)(3) of this Rule are applicable to the 
final written warning, then the final written warn- 
ing shall be deemed an active final written warning 
or an unresolved final written warning. 

(c) This Rule and the granting of increases have 
no effect on the use of the final written warning 
for any other purpose. 

Statutory Authority G.S. 126-7. 

.2416 PAY DISPUTE RESOLUTION 
PROCEDURE 

(a) Each agency shall have a procedure for 
reviewing and resolving disputes of employees 
concerning performance ratings and/or perfor- 
mance pay decisions. Such a procedure may be 
incorporated as part of an existing grievance 
procedure, or it may be separately administered. 
For requirements and guidelines on such proce- 
dures, sec 25 NCAC JJ .0900 .- Internal Perfor- 
mance Pay Dispute Procedures. 

(b) The supervisor shall inform the employee in 
writing of the availability of a procedure jn which 
to seek resolution of any dispute with the overall 
summary rating, the failure to receive an increase 
and/or the amount of the increase. 

Statutory Authority G.S. 126-7. 



2331 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



RRC OBJECTIONS 



J he Rules Re\'iew Commission (RRC) objected to the following rules in accordance with G.S. 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



ADMINISTRATIVE HEARINGS 

Hearings Division 

26 NCAC 3 .0207 - Compensation of the Mediator 
Agency Re\'ised Rule 

AGRICULTURE 

Aquaculture 

2 NCAC 53 .0001 - Aquaculture Licenses 
Agency Withdrew Rule 

COMMERCE 



RRC Objection 
Obj. Removed 



RRC Objection 



01/20/94 
01/20/94 



12/16/93 
01/20/94 



Banking Commission 

4 NCAC 3F .0202 - Permissible Investments 
Agency Responded 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15A NCAC 7H .2002 - Approval Procedures 

Agency Responded 

No Action 

Agency Revised Rule 
15 A NCAC 7H .2004 - General Conditions 

Agency Responded 

No Action 

Agency Revised Rule 

Environmental Management 



RRC Objection 
Obj. Cont'd 



12/16/93 
01/20/94 



RRC 


Objection 


09/17/93 


Obj. 


Cont 'd 


10/21/93 


Obj. 


Cont 'd 


11/18/93 


Obj. 


Removed 


12/16/93 


RRC 


Objection 


09/17/93 


Obj. 


Cont 'd 


10/21/93 


Obj. 


Cont'd 


11/18/93 


Obj. 


Removed 


12/16/93 



15A NCAC 2D .0101 

Rule Returned to 
15ANCAC2D .0501 

Rule Returned to 
15ANCAC2D .0503 

Rule Returned to 
15A NCAC 2D .0524 

Rule Returned to 
15ANCAC2D .0525 

Rule Returned to 



- Definitions 

Agency for Failure to Comply with APA G.S. 150B-21.4(b) 

- Compliance with Emission Control Standards 

Agency for Failure to Comply with APA G.S. 150B-21.4(b) 

- Particulates from Fuel Burning Indirect Heat Exchangers 
Agency for Failure to Comply with APA G.S. 150B-21.4(b) 

- New Source Performance Standards 

Agency for Failure to Comply with APA G.S. 150B-21.4(b) 

- National Emission Standards for Hazardous Air Pollutants 
Agency for Failure to Comply with APA G.S. 150B-21.4(b) 



01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2332 



RRC OBJECTIONS 



15 A NCAC 2D .0530 - Prewntion of Significant Deterioration 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2D .0531 - Sources in Nonattainment Areas 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2D .0532 - Sources Contributing to an Ambient Violation 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2D .0533 - Stack Height 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2D .0601 - Purpose and Scope 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2D .0801 - Purpose and Scope 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2D .0802 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2D .0803 - Highway Projects 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2D .0804 - Airport Facilities 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2D .0805 - Parking Facilities 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2D .0806 - Ambient Monitoring and Modeling Analysis 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2D .1109 - Case-By-Case Maximum Achievable Control Technology 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2H . 0601 - Purpose and Scope 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2H .0602 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2H .0603 - Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2H .0604 - Final Action on Permit Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2H .0605 - Issuance: Revocation: and Enforcement of Permits 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2H .0606 - Delegation of Authority 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2H .0607 - Copies of Referenced Documents 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2H .0609 - Permit Fees 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0101 - Required Air Quality Permits 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0102 - Activities Exempted from Permit Requirements 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0103 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0104 - Where to Obtain and File Permit Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0105 - Copies of Referenced Documents 

Rule Returned to Agency for Failure to Comply with APA G.S. 1 50B-2 1.4(b) 
15A NCAC 2Q .0106 - Incorporation by Reference 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0107 - Confidential Information 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0108 - Delegation of Authority 



01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 



2333 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



RRC OBJECTIONS 



Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0109 - Compliance Schedule for Previously Exempted Activities 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0110 - Retention of Permit at Permitted Facility 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0111 - Applicability Determinations 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0201 - Applicability 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0202 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0203 - Permit and Application Fees 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0204 - Inflation Adjustment 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0205 - Other Adjustments 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0206 - Payment of Fees 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0207 - Annual Emissions Reporting 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0301 - Applicability 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0302 - Activities Exempted from Permit Requirements 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0303 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0304 - Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0305 - Application Submittal Content 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
ISA NCAC 2Q .0306 - Permits Requiring Public Participation 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0307 - Public Participation Procedures 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0308 - Final Action on Permit Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0309 - Termination, Modification and Revocation of Permits 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0310 - Permitting of Numerous Similar Facilities 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .031 1 - Permitting of Facilities at Multiple Temporary Sites 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0401 - Applicability 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0402 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0403 - New Units Exemption 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0404 - Retired Units Exemption 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0405 - Requirement to Apply 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0406 - Requirements for Permit Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 



01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2334 



RRC OBJECTIONS 



15 A NCAC 2Q .0407 - Permit Application Shield and Binding Effect of Permit Application 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 
15 A NCAC 2Q .0408 - Compliance Plans 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q . 0409 - Phase II Repowering Extensions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 
15 A NCAC 2Q .0410 - Permit Contents 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 
15A NCAC 2Q .0411 - Standard Requirements 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0412 - Permit Shield 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0413 - Permit Revisions Generally 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0414 - Permit Modifications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 
15A NCAC 2Q .0415 - Fast-Track Modifications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0416 - Administrative Permit Amendment 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0417 - Automatic Permit Amendment 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0418- Permit Reopenings 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 

15 A NCAC 2Q .0501 - Purpose of Section and Requirement for a Permit 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q . 0502 - Applicability 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0503 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0504 - Option for Obtaining Construction and Operation Permit 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
ISA NCAC 2Q .0505 - Application Submittal Content 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 
ISA NCAC 2Q .0506 - Initial Permit Application Submittal 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0507 - Application 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0508 - Permit Content 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0509 - Permitting of Numerous Similar Facilities 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
ISA NCAC 2Q .0510 - Permitting of Facilities at Multiple Temporary Sites 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0511 - Synthetic Facilities 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94 
15A NCAC 2Q .0512 - Permit Shield and Application Shield 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q . 0513 - Permit Renewal and Expiration 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0514 - Administrative Permit Amendments 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15 A NCAC 2Q .0515 - Minor Permit Modifications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94 
15A NCAC 2Q .0516 - Significant Permit Modification 



2335 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



RRC OBJECTIONS 



Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0517 - Reopening for Cause 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0518 - Final Action 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0519 - Termination, Modification, Revocation of Permits 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0520 - Certification by Responsible Official 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0521 - Public Participation 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0522 - Review by EPA and Affected States 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0523 - Changes Not Requiring Permit Revisions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0524 - Ownership Change 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q .0601 - Purpose of Section and Requirement for a Permit 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
ISA NCAC 2Q .0602 - Definitions 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15 A NCAC 2Q .0603 - Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 
15A NCAC 2Q .0604 - Public Participation 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15 A NCAC 2Q . 0605 - Final Action on Permit Applications 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 
15A NCAC 2Q .0606 - Termination, Modification and Revocation of Permits 

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 



01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 
01/20/94 



Health: Epidemiology 



15 A NCAC 19A .0206 - Infection Control - Health Care Settings 

Agency Revised Rule 
15A NCAC 19C .0703 - Method of Reporting 

Agency Revised Rule 
15A NCAC 19H .0702 - Research Requests 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



12/16/93 
12/16/93 
12/16/93 
12/16/93 
01/20/94 
01/20/94 



Health: Personal Health 



15 A NCAC 21 A .0817 - Grant Proposals 
Agency Revised Rule 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



Laboratory Services 



15 A NCAC 20A .0006 - Fees 
Agency Revised Rule 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



Mining: Mineral Resources 



15 A NCAC 5B .0003 - Procedures for Obtaining Permits: Bonding Reqs. 
Agency Revised Rule 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 



Soil and Water Conservation Commission 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2336 



RRC OBJECTIONS 



15 A NCAC 6F .0004 - Approved Best Management Practices (BMPs) 
15 A NCAC 6F .0005 - Technical Specialist Designation Procedure 

Solid Waste Management 

15 A NCAC 13B .1705 - Design, Constr. /Operation/Structural Fill Facilities 

Agency Revised Rule 
15 A NCAC 13B .1708 - Other Uses for Coal Combustion By-products 

Agency Re\ised Rule 
15A NCAC 13B .1710 - Annual Reporting 

Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 


01/20/94 


RRC Objection 


01/20/94 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



Aging 

10 NCAC 22T .0101 - Scope of Health Screening Services 
10 NCAC 22T .0201 - Provision of Health Screening Services 
10 NCAC 22U .0101 - Scope of Senior Companion 



RRC Objection 01/20/94 
RRC Objection 01/20/94 
RRC Objection 01/20/94 



Day Care Rule 

10 NCAC 46H .0104 - Target Populations 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



01/20/94 
01/20/94 



Facility Services 

10 NCAC 3R .1617 - Required Staffing and Staff Training 

Agency Revised Rule 
10 NCAC 3R .21 14 - Information Required of Applicant 

Agency Revised Rule 
10 NCAC 3R .3405 - Required Staffing and Staff Training 

Agency Revised Rule 
10 NCAC 3R .3505 - Required Staffing and Staff Training 

Agency Revised Rule 
10 NCAC 3R .3906 - Required Staffing and Staff Training 

Agency Revised Rule 



RRC Objection 


01/20/94 


Obj. Removed 


01/20/94 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



Individual and Family Support 



10 NCAC 42A .0605 - Locating a Bed and Securing Placement 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



01/20/94 
01/20/94 



Mental Health: General 



10 NCAC 14J .0206 - Procedures: Seclusion, 
Agency Revised Rule 



Restraints, or Isolation Time Out 



RRC Objection 
Obj. Removed 



12/16/93 
12/16/93 



INSURANCE 



Financial Evaluation Division 



11 NCAC 11B .0611 - Deposits: Bonds: Excess Insurance - Groups 

Agency Revised Rule 
11 NCAC 11H .0011 - Insolvency 1 or Hazardous Financial Condition 



RRC Objection 12/16/93 
Obj. Removed 12/16/93 
RRC Objection 11/18/93 



2337 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



RRC OBJECTIONS 



Agency Revised Rule 
Agency Revised Rule 

JUSTICE 

Departmental Rules 

12 NCAC 1 .0106- ADA Dispute Resolution Procedure 
Agency Revised Rule 

Private Protective Services 

12 NCAC 7D .0108 - Law Enforcement Officers Special Provisions 

No Response from Agency 

Agency Withdrew Rule 
12 NCAC 7D .0203 - Renewal or Re-issue of Licenses and Trainee Permits 

Agency Revised Rule 
12 NCAC 7D .0401 - Experience Reqs. a Private Investigator License 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 
Dental Examiners 

21 NCAC 16D .0102 - Restrictions on Practice 

Agency Revised Rule 
21 NCAC 16H .0203 - Permitted Functions of Dental Assistant 11 

Agency Revised Rule 
21 NCAC 16Q .0301 - Sedation Credentials and Permit 

Agency Revised Rule 

Landscape Architects 

21 NCAC 26 .0209 - Unprofessional Conduct 
21 NCAC 26 .0210 - Dishonest Practice 
21 NCAC 26 .0211 - Incompetence 

Opticians 

21 NCAC 40 .0202 - Registration of Place of Business 

Agency Revised Rule 
21 NCAC 40 .0314 - Apprenticeship and Internship Requirements: Registration 

Agency Revised Rule 

Refrigeration Examiners 

21 NCAC 60 .0210 - Special Examination 
Agency Revised Rule 

Therapeutic Recreation 

21 NCAC 65 .0005 (Recodified as 21 NCAC 65 .0002)- Meetings 

Agency Revised Rule 
21 NCAC 65 .0008 (Recodified as 21 NCAC 65 .0004) - Academic -TRS Exam. 

Agency Revised Rule 



Obj. Contd 
Obj. Removed 



11/18/93 
12/16/93 



RRC Objection 
Obj. Removed 



12/16/93 
12/16/93 



RRC Objection 


11/18/93 


Obj. Contd 


12/16/93 




01/20/94 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 
12/16/93 



RRC Objection 01/20/94 
RRC Objection 01/20/94 
RRC Objection 01/20/94 



RRC Objection 12/16/93 

Obj. Removed 12/16/93 

RRC Objection 12/16/93 

Obj. Removed 12/16/93 



RRC Objection 
Obj. Removed 



01/20/94 
01/20/94 



RRC Objection 12/16/93 

Obj. Removed 12/16/93 

RRC Objection 12/16/93 

Obj. Removed 01/20/94 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2338 



RRC OBJECTIONS 



21 NCAC 65 .0011 (Recodified as 21 NCAC 65 .0007) - Cert. Ren. Eff. 7/1/95 RRC Objection 12/16/93 



Agency Revised Rule 
21 NCAC 65 .0013 (Recodified as 21 NCAC 65 .0008) 
Agency Revised Rule 

TRANSPORTATION 



Revocation 



Obj. Removed 12/16/93 
RRC Objection 12/16/93 
Obj. Removed 12/16/93 



Division of Highways 

19A NCAC 2C .0102 - Minimum Standards for Secondary Roads 

Agency Revised Rule 
19A NCAC 2C .0103 - Addition of Roads to the Secondary Road System 

Agency Rexised Rule 
19 A NCAC 2C .0204 - Utility Requirements for Subdivision Roads 

Agency Revised Rule 
19A NCAC 2C .0206 - Bridge and Dam Requirements for Subdivision Roads 

Agency Repealed Rule 
19A NCAC 2C .0211 - Street Intersections for Subdivision Streets 

Agency Repealed Rule 
19A NCAC 2C .0213 - Subdivision Name Markers 

Agency Revised Rule 



RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



Division of Motor Vehicles 



19 A NCAC 3B .0620 - Grounds for Revocation or Denial of Certification 

Agency Revised Rule 
19A NCAC 3B .0621 - Denial/Revocation: Company Examiner: Instructor Cert. 

Agency Rexised Rule 
19A NCAC 3C .0223 - Registration: Motor Homes: Etc. 

Rule Returned to Agency for Failure to Comply with APA 
19A NCAC 3C . 0436 - Highway Use Tax 

Agency Revised Rule 
19A NCAC 3D .0231 - Hearings Pursuant to Articles 12 & 15 of Chapter 20 

Agency Revised Rule 
19A NCAC 3D .0515 - Safety Inspection Licensing and Procedures 
19A NCAC 3D .0602 - Collection of Assessments 

Agency Revised Rule 
19A NCAC 3D .0702 - Information for Manufacturer 

Agency Repealed Rule 
19A NCAC 3D .0823 - Vehicle Registration and Identification Required 

Agency Revised Rule 
19 A NCAC 3D .0825 - Reproduction of Forms 

Agency Revised Rule 
19 A NCAC 3G .0205 - Issuing of Original Certificate 

Agency Revised Rule 
19A NCAC 31 .0505 - Confidentiality 

Agency Revised Rule 
19A NCAC 3J .0202 - Original Application 

Agency Revised Rule 
19 A NCAC 3 J .0604 - Contract Provisions 

Agency Revised Rule 



RRC Objection 


11/18/93 


Obj. Removed 


12/16/93 


RRC Objection 


11/18/93 


Obj. Removed 


12/16/93 




11/18/93 


RRC Objection 


11/18/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


11/18/93 


Obj. Removed 


12/16/93 


RRC Objection 


11/18/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 


RRC Objection 


12/16/93 


Obj. Removed 


12/16/93 



2339 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC 261 .0101 - PURPOSE: SCOPE AND NOTICE OF CHANGE IN LEVEL OF CARE 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0101 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 

10 NCAC 261 .0102 - REQUEST FOR RECONSIDERATION AND RECIPIENT APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0102 void as applied in Dorothy McNeil Moore v. N.C. Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 261 .0104 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division 
of Medical Assistance (93 DHR 1342). 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2340 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



I 



AGENCY 



CASE 
NUMBER 



AL.I 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



LMS Express, Inc. v. Administration, Div of Purchase & Contract 

Stauffer Information Systems v. Community Colleges &. Administration 

McLaurin Parking Co. v. Administration 

Warren H. Arlington Jr. v. Division of Purchase &. Contract 

Travel, Incorporated v. Administration 



92 DOA 0735 


Morgan 


06/04/93 




92 DOA 0803 


West 


06/10/93 


8:7 NCR 613 


92 DOA 1662 


Morrison 


04/02/93 


8:3 NCR 320 


93 DOA 0132 


West 


07/21/93 




93 DOA 0362 


Nesnow 


11/08/93 





ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Control Comm, v. Ann Oldham McDowell 
Curtis Ray Lynch v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Ezra Everett Rigsbee 
Alcoholic Beverage Control Comm. v. Partnership, Phillip Owen Edward 
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent 
Alcoholic Beverage Control Comm. v. Azzat Aly Amer 
Alcoholic Beverage Control Comm. v. Kilty Ronald Eldridge 
Alcoholic Beverage Control Comm. v. Gloria Black McDuffie 
Alcoholic Beverage Control Comm. v. Larry Isacc Hailstock 
Alcoholic Beverage Control Comm. v. Anthony Ralph Cecchini Jr. 
Johnnie L. Baker v. Alcoholic Beverage Control Commission 
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace 
Alcoholic Beverage Control Comm. v. Mermaid, Inc. 
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan 
Cornelius Hines T/A Ebony Lounge v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v. Homer Patrick Godwin Jr. 
Alcoholic Beverage Control Comm. v. Wanda Lou Ball 
Charles Anthonious Mo rant v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Billy Fincher McSwain Jr. 
Jean Hoggard Askew v. Alcoholic Beverage Control Commission 
Nizar Yusuf Yousef v. Alcoholic Beverage Control Commission 
ABC Comm. v. Partnetship/T/A Corrothers Comty Ctr &. Private Club 
Alcoholic Beverage Control Comm. v. James Elwood Alphin 
Alcoholic Beverage Control Comm. v. James William Campbell 
Alcoholic Beverage Control Comm. v. Sydner Jan Mulder 
Barbara Locklear v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Nizar Yusuf Yousef 
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawk's Landing 
Alcoholic Beverage Control Com. v. Thomas Andrew Reid 
Zachary Andre Jones v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Mack Ray Chapman 
Alcoholic Beverage Control Comm. v. Bistro Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Richard Donald James Jr. 
Alcoholic Beverage Control Comm. v. George Oliver O'Neal m 
Alcoholic Beverage Control Comm. v. The Sideline of Wilmington, Inc. 
William Vernon Franklin & Gene Carroll Daniels v. ABC Commission 
Pink Bell v. ABC Commission 
Alcoholic Beverage Control Comm. v. Joseph Adu 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Mohammad Salim Pirini 



92 ABC 0260 


Morgan 


04/01/93 




92 ABC 0288 


Gray 


05/18/93 




92 ABC 0702 


West 


07/30/93 




92 ABC 0978 


Gray 


05/28/93 




92 ABC 1086 


Becton 


03/22/93 




92 ABC 1149 


Reilly 


09/01/93 




92 ABC 1153 


Chess 


04/26/93 




92 ABC 1476 


West 


05/26/93 




92 ABC 1483 


Reilly 


04/07/93 




92 ABC 1690 


Morgan 


06/29/93 




92 ABC 1735 


Chess 


05/07/93 




93 ABC 0002 


Morrison 


07/02/93 




93 ABC 0047 


Gray 


05/28/93 




93 ABC 0076 


Gray 


08/04/93 




93 ABC 0087 


Becton 


07/06/93 


8:9 NCR 785 


93 ABC 0118 


Morrison 


08/04/93 




93 ABC 0125 


Reilly 


05/13/93 




93 ABC 0182 


Nesnow 


07/29/93 




93 ABC 0232 


Chess 


07/20/93 




93 ABC 0239 


Gray 


08/26/93 




93 ABC 0255 


West 


09/10/93 




93 ABC 0280' 14 


Morgan 


01/31/94 




93 ABC 0318 


Reilly 


07/22/93 




93 ABC 0326 


Gray 


08/26/93 




93 ABC 0327 


Gray 


08/09/93 




93 ABC 0354 


Morgan 


11/10/93 


8:17 NCR 1712 


93 ABC 0395 


West 


09/14/93 




93 ABC 0399*" 


Morgan 


01/31/94 




93 ABC 0407 


Becton 


10/18/93 




93 ABC 0408 


Gray 


11/01/93 




93 ABC 0421 


West 


09/13/93 




93 ABC 0423 


Gray 


09/17/93 




93 ABC 0430 


Reilly 


10/07/93 




93 ABC 0431 


Nesnow 


09/01/93 




93 ABC 0433 


Morgan 


11/01/93 


8:16 NCR 1553 


93 ABC 0462 


Becton 


10/27/93 




93 ABC 0570 


Reilly 


09/17/93 




93 ABC 0595 


Morgan 


12/20/93 




93 ABC 0601 


Nesnow 


10/28/93 


8:16 NCR 1560 


93 ABC 0611 


West 


10/12/93 




93 ABC 0613 


West 


10/11/93 




93 ABC 0616 


West 


10/13/93 





I 



I 



* Consolidated cases. 



2341 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Linda R. Cunningham v. Alcoholic Beverage Control Commission 
Charles Edward Hare, Club Paradise v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Beverage Control Comm. v. Katherine Mary Dufresne 
Alcoholic Beverage Control Comm. v. Utilities Control, Inc. 
Nasseem Medhat Awartani v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. Jerome Hill T/A Corner Packet 
Venus L. Smith v. Alcoholic Beverage Control Commission 
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store 
Alcholic Beverage Control Comm. v. Ervin Ray Winstead 
Alcoholic Bev. Control Comm. v. Mild & Wild, Inc., Sheila Scholz 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 ABC 0633 


Morrison 


11/03/93 




93 ABC 0644 


Gray 


08/10/93 




93 ABC 0667 


Reilly 


12/13/93 




93 ABC 0861 


Mann 


01/24/94 


8:22 NCR 2195 


93 ABC 0959 


Chess 


01/13/94 




93 ABC 0672 


Gray 


11/23/93 




93 ABC 0701 


Bee ton 


12/08/93 




93 ABC 0860 


Mann 


09/29/93 




93 ABC 0890 


Chess 


12/30/93 




93 ABC 1475 


Nesnow 


03/23/93 





COMMERCE 

Lester Moore v. Weatherization Assistance Program 
CRIME CONTROL AND PUBLIC SAFETY 



93 COM 0105 



Gray 



03/08/93 



George W. Paylor v. Crime Victims Compensation Comm. 
Steven A. Barner v. Crime Victims Compensation Comm. 
Anthony L. Hart v. Victims Compensation Comm. 
Jennifer Ayers v. Crime Victims Compensation Comm. 
Janie L. Howard v. Crime Victims Compensation Comm. 
Isabelle Hyman v. Crime Victims Compensation Comm. 
James G. Pellom v. Crime Control & Public Safety 
Norman E. Brown v. Victims Compensation Commission 
Moses H. Cone Mem Hosp v. Victims Compensation Comm. 
David & Jane Spano v. Crime Control & Public Safety 
Phillip Edward Moore v. Crime Control & Public Safety 
Norma Jean Purkett v. Crime Victims Compensation Comm. 
Sheila Carter v. Crime Control and Public Safety 
John Willie Leach v. Crime Victims Compensation Comm. 
Nellie R. Mangum v. Crime Victims Compensation Comm. 
Constance Brown v. Crime Victims Compensation Comm. 
Susan Coy v. Crime Victims Compensation Commission 
Mark A. McCrimmon v. Crime Victims Compensation Comm. 
Rendall K. Rothrock v. Crime Victims Compensation Comm. 
Anthony Dewayne McClelland v. Victim Compensation Comm. 
Jasper L. Payton v. Crime Victims Compensation 
Sabrina D. Adams v. Victims Compensation Comm. 
John Pressley Moore v. Crime Victims Compensation Comm. 
Sharon Hafer v. Victims Compensation Comm. 
Treva L. Marley v. Crime Victims Compensation Comm. 
Dollie F. McMillan v. Victims Compensation 

EMPLOYMENT SECURITY COMMISSION 



91 CPS 1286 


Morgan 


04/27/93 




92 CPS 0453 


Nesnow 


06/01/93 




92 CPS 0937 


Chess 


03/01/93 




92 CPS 1195 


Reilly 


03/19/93 




92 CPS 1787 


Reilly 


03/26/93 




92 CPS 1807 


Morrison 


05/24/93 




93 CPS 0034 


Gray 


05/05/93 




93 CPS 0141 


West 


07/07/93 




93 CPS 0152 


Nesnow 


04/02/93 


8:3 NCR 327 


93 CPS 0160 


Nesnow 


07/30/93 


8:10 NCR 862 


93 CPS 0169 


Nesnow 


05/20/93 




93 CPS 0205 


West 


08/27/93 


8:12 NCR 1171 


93 CPS 0249 


Morgan 


08/25/93 




93 CPS 0263 


Morrison 


05/20/93 




93 CPS 0303 


Morrison 


06/08/93 




93 CPS 0351 


Reilly 


05/24/93 




93 CPS 0623 


Reilly 


09/22/93 




93 CPS 0652 


Bee ton 


12/20/93 


8:20 NCR 2016 


93 CPS 0821 


West 


12/28/93 




93 CPS 1168 


West 


02/16/94 




93 CPS 1281 


West 


02/16/94 




93 CPS 1378 


West 


02/16/94 




93 CPS 1405 


Morrison 


12/29/93 




93 CPS 1480 


Bee ton 


02/07/94 




93 CPS 1671 


Gray 


02/16/94 




93 CPS 1717 


Nesnow 


01/24/94 





William H. Peace III v. Employment Security Commission 
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



91 EEO0536 



Chess 



10/12/93 



8:19 NCR 1914 



Charles L. Wilson v. Environment, Health, & Natural Resources 
J. Bruce Mulligan v. Environment, Health, & Natrual Resources 
Calvin Blythe Davis & George Thomas Davis v. EHR 
Michael D. Barnes v. Onslow Cty Hlth & Environment and EHR 
William E. Finck v. Environment, Health, & Natural Resources 
Utley C. Stallings v. Environment, Health, & Natural Resources 
Dora Mae Blount on behalf of Joseph T. Midgette v. Hyde Cty 

Bd/Commissioneis, Hyde Cty Bd/Heallh, &. Environment, 

Health, & Natural Resources 
Thomas G. McHugh v. DEHNR 

A.J. Ballard Jr., Tire &. Oil Co., Inc. v. Env., Health, & Nat. Res. 
Safeway Removal, Inc. v. Environment, Health, & Natural Res. 
White Oak Chapter of the Izaak Walton League, Inc., and 

National Parks and Conservation Association, Inc. v. 

Division of Solid Waste Management, EHR and Haywood County 
Southehem, Inc. v. Environment, Health, & Natural Resources 
Elizabeth City/fcisquotank Cty Mun Airport Auth v. EHNR 
W.E. Moulton & Wife, Evelyn Moulton v. Macon County Health Dept. 



9 1 EHR 0664 


Morgan 


03/23/93 


91 EHR 0773 


West 


07/13/93 


91 EHR 0794 


Morrison 


12/02/93 


9 1 EHR 0825 


Morgan 


06/21/93 


92 EHR 0040 


Gray 


06/14/93 


92 EHR 0062 


Gray 


03/15/93 


92 EHR 0400 


Gray 


10/15/93 


92 EHR 0742 


Bee ton 


12/28/93 


92 EHR 0754 


Nesnow 


08/30/93 


92 EHR 0826 


West 


03/12/93 


92 EHR 088 1 


West 


09/14/93 


92 EHR 0925 


Chess 


11/08/93 


92 EHR 1140 


Gray 


04/13/93 


92 EHR 1144 


Morgan 


11/15/93 



8:1 NCR 83 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2342 



CONTESTED CASE DECISIONS 



AGENCY 



Interstate Brands Corp &. Donald Leffew v. Env., Health, &. Nat. Res. 
Service Oil Company v. Environment, Health, & Natural Resources 
Interstate Brands Corp &. Donald Leffew v. Env., Health, &. Nat. Res. 
Residents of Camm & Shell v. Health Environmental - Septic Tank Div. 
City of Salisbury v. Environment, Health, &. Natural Resources 
Willie M. Watford v. Hertford Gates District Health Department 
Standard Speciality Contractors, Inc. v. EHNR 
Shawqi A. Jaber v. Environment, Health, & Natural Resources 
McLeod Leather & Belting Co., Inc. v. Env.. Health, & Natural Res. 
Angela Power, Albert Power v. Children's Special Health Svcs. 
Rayco Utilities. Inc. v. Environment, Health. &. Natural Resources 
Erby Lamar Grainger v. Environment, Health. &. Natural Resources 
Mustafa E. Essa v. Environment, Health, &. Natural Resources 
A.J. Holt v. Public Water Supply Section, Div. of Environmental Health 
Charlie Garfield McPherson Swine Farm v. Env., Health, & Nat. Res. 
Keith Cutler, Kalhryn Cutler v. Environment, Health, & Natural Res. 
Rosetta Brimage, Vanessa Pack v. Em 7 . Health of Craven County 
R.L. Stowe Mills, Inc. v. Environment. Health, &. Natural Resources 
O.C. Stafford/Larry Haney v. Montgomery Cty. Health Dept. 
Patricia Y. Marshall v. Montgomery Cty Health Dept. & EHR 
Fred M. Grooms v. Environment, Health, &. Natural Resources 
Bobby Anderson v. Environment, Health, &. Natural Resources 
Shell Bros. Dist., Inc. v. Environment. Health. & Natural Resources 
Fred C. Gosnell & wife, Patricia T. Gosnell v. Env., Health, & Nat. Res. 
Holding Bros., Inc. v. Environment, Health, &. Natural Resources 
Tony Tomson, Diane Clase & William J. Stevenson v. EHR 
Tony Tomson, Diane Clase &. William J. Stevenson v. EHR 
Hamilton Beach/Proctor-Silex, Inc. v. Environment, Health, &. Natrl Res 
Tim Whitfield v. Environment, Health, &. Natural Resources 
Tony Worrell v. Environment, Health, &. Natural Resources 
L. Terry Fuqua v. Environment, Health, & Natural Resources 
Seth B. Gaskill Jr. v. N.C. Coastal Resources Commission 
World Omni Development v. Environment, Health, &. Natural Resources 
Jimmy Hough v. Environment, Health, & Natural Resources 
N.C. Salvage Co., Inc. v. Environment, Health. &. Natural Resources 
Richard L. Goodman v. Environment, Health, & Natural Resources 
Monroe Gaskill v. DEHNR-Div. of Coastal Management 
C.J. Ramey & wife, Diane B. Ramey &. Hubbard Realty of 
Winston Salem, Inc. v. Environment, Health, &. Natural Resources 
Lanny Clifton, Southwind Dev. , Co. v. Div. of Environmental Mgmt. 
Blue Ridge Em - . Defense League, Inc. v. Env., Health, & Natrl Res 
Charles Watson v. DEHNR 

Heatcraft Inc. v. Environment, Health, &i Natural Resources 
Ralph West- Land Owner by Preston M. Bratcher v. EHR 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



92 EHR 
92 EHR 
92 EHR 
92 EHR 
92 EHR 
92 EHR 
92 EHR 

92 EHR 

93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 
93 EHR 



1201*" 

1205 

1224*" 

1462 

1472 

1600 

1660 

1784 

0003 

0008 

0063 

0071 

0146 

016S 

0181 

0185 

0206 

0219 

0224 

0252 

0276 

0299 

0308 

0340 

0380 

0466* 11 

0467* 12 

0477 

0520 

0587 

0624 

0635 

0688 

0736 

0765 

0783 

0802 

0808 



93 EHR 0848 
93 EHR 0862 
93 EHR 0981 
93 EHR 1021 
93 EHR 1611 



Reilly 
Reilly 
Reilly 
Morrison 
Morrison 
Chess 
Reilly 
Bee ton 
Morgan 
Becton 
Morrison 
Reilly 
Gray 
West 
Reilly 
Morrison 
Nesnow 
Morrison 
Gray- 
Gray 
West 
Reilly 
Becton 
Becton 
Nesnow 
Reilly 
Reilly 
Reilly 
Gray 
Morgan 
Reilly 
Nesnow 
Nesnow 
Gray 

Morrison 
Reilly 
Chess 
West 

Becton 

Nesnow 

West 

Morrison 

Gray 



08/12/93 
05/27/93 
08/12/93 
08/25/93 
04/22/93 
03/24/93 
05/21/93 
07/07/93 
10/11/93 
03/24/93 
09/17/93 
06/21/93 
03/29/93 
10/25/93 
07/23/93 
10/20/93 
05/20/93 
08/11/93 
06/07/93 
10/22/93 
08/27/93 
06/07/93 
05/18/93 
08/11/93 
08/03/93 
11/30/93 
11/30/93 
06/29/93 
12/16/93 
11/08/93 
11/08/93 
11/18/93 
01/18/94 
01/21/94 
02/15/94 
11/24/93 
10/13/93 
01/31/94 

10/20/93 
10/11/93 
12/20/93 
12/20/93 
01/31/94 



I 



8:15 NCR 1503 



8:10 NCR 870 



8:11 NCR 996 



8:12 NCR 1176 



8:11 NCR 1001 



♦ 



HUMAN RELATIONS COMMISSION 

Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 8:13 NCR 1287 

Human Relations Coram, on behalf of Marsha Crisco v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93 8:12 NCR 1168 

HUMAN RESOURCES 



O.C. Williams v. Human Resources 

Ronald Terry Brown v. Human Resources 

Dennis K, King v. Human Resources 

Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources 

Raymond L. Griffin v. Human Resources 

O.C. Williams v. Human Resources 

Michael L. Ray v. Human Resources 

Randy Chambliss v. Human Resources 

Melvin White v. Human Resources 

Joseph R. Kavaliauskas Jr. v. Human Resources 

Larry D. Boyd v. Human Resources 

Jefferson D, Boylen v. Human Resources 

Jeffery D. Williams v. Human Resources 

Jerry L. Summers v. Human Resources 

Samuel E. Massenberg Jr. v. Human Resources 

William A. Dixon v. Human Resources 



91 CSE0036* ; 


Morgan 


03/30/93 


91 CSE0249 


Morgan 


05/17/93 


91 CSE 1122 


Morgan 


07/28/93 


91 CSE 1131 


Morgan 


08/24/93 


91 CSE 1148 


Morgan 


08/24/93 


91 CSE 1 158*- 


Morgan 


03/30/93 


91 CSE 1173 


Morgan 


05/17/93 


91 CSE 1187 


Morgan 


04/28/93 


91 CSE 1192 


Morgan 


05/17/93 


91 CSE 1204 


Morgan 


07/29/93 


91 CSE 1214 


Morgan 


08/24/93 


91 CSE 1217 


Morgan 


05/17/93 


91 CSE 1231 


Morgan 


04/28/93 


91 CSE 1234 


Morgan 


07/28/93 


91 CSE 1249 


Morgan 


05/17/93 


91 CSE 1277 


Morrison 


03/04/93 



I 



2343 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Gregory L. Washington v. Human Resources 

Edwin Clarke v. Human Resources 

Dwayne Allen v. Human Resources 

Edwin Ivester v. Human Resources 

Connie E Epps, Otis Junior Epps v. Human Resources 

Tyrone Aiken v. Human Resources 

Everett M. Eaton v. Human Resources 

Eugene Johnson v. Human Resources 

Edward E. Brandon v. Human Resources 

James Sisk Jr. v. Human Resources 

Thomas M. Bird well HI v. Human Resources 

Darrell W. Russell v. Human Resources 

John Henry Byrd v. Human Resources 

Aaron James Alford v. Human Resources 

Michelle D. Mobley v. Human Resources 

Gus W. Long Jr. v. Human Resources 

Robert E. Watson v. Human Resources 

Connell R. Goodson v. Human Resources 

Byron Christopher Williams v. Human Resources 

Elijah G. Deanes v Human Resources 

James W. Bell v. Human Resources 

Charles W. Stall Jr. v. Human Resources 

William A. Wilson ID v. Human Resources 

Eric Stanley Stokes v. Human Resources 

Clayton L. Littleton v. Human Resources 

Frank E. Johnson v. Human Resources 

David Rollins v. Human Resources 

Willie Sam Brown v. Human Resources 

Lyndell Greene v. Human Resources 

Charles Swann v. Human Resources 

Joe B. Reece v. Human Resources 

Michael Anthony Dean v. Human Resources 

Gregory W. Alfoid v. Human Resources 

Leroy Snuggs v. Human Resources 

James R Miller HI v. Human Resources 

Herbert H. Fordham v. Human Resources 

Jack Dulq v. Human Resources 

Jesse B. Williams v. Human Resources 

Johnny Victor Debity v. Human Resources 

Larry L. Crowder v. Human Resources 

Carlos Bernaid Davis v. Human Resources 

Ocie C. Williams v. Human Resources 

Terrance Freeman v. Human Resources 

Floyd Excell Stafford v. Human Resources 

Timothy Brian Eller v. Human Resources 

Charles S. Ferrer v. Human Resources 

Ronald H. Lockley v. Human Resources 

Rene Thomas Rittenhouse v. Human Resources 

Thomas Edward Williamson v. Human Resources 

Roy Chester Robinson v. Human Resources 

Lynwood McClinton v. Human Resources 

Timothy Scott Long v. Human Resources 

Kenneth Lamar Massey v. Human Resources 

David W. Williams v. Human Resources 

William E. Ingram v. Human Resources 

Harold R. Pledger v. Human Resources 

Kenneth Wayne Wiggins v. Human Resources 

Carl Beard v. Human Resources 

Henry Alston Jr. v. Human Resources 

Gary Lewis Doster v. Human Resources 

Raymond L. Head v. Human Resources 

Mark R. Charles v. Human Resources 

Michael W Bentley v. Human Resources 

Robert D. Knoll Jr. v. Human Resources 

Dale Robert Stuhre v. Human Resources 

James T. Carter Jr. v. Human Resources 

Tommy Malone v. Human Resources 

James C. Dixon Jr. v. Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


92 CSE 0075 


Morgan 


04/01/93 


92 CSE 0129 


Morgan 


05/17/93 


92 CSE 0196 


Morgan 


03/31/93 


92 CSE 0268 


Nesnow 


03/30/93 


92 CSE 1182 


Reilly 


07/22/93 


92 CSE 1217 


Gray 


06/17/93 


92 CSE 1221 


Reilly 


07/27/93 


92 CSE 1229 


Nesnow 


11/16/93 


92 CSE 1237 


Gray 


04/16/93 


92 CSE 1238 


Reilly 


11/17/93 


92 CSE 1240 


Reilly 


12/09/93 


92 CSE 1249 


Becton 


04/20/93 


92 CSE 1250 


Reilly 


06/04/93 


92 CSE 1253 


Becton 


12/06/93 


92 CSE 1256 


Nesnow 


04/15/93 


92 CSE 1263 


Gray 


08/16/93 


92 CSE 1265 


Reilly 


05/06/93 


92 CSE 1267 


Gray 


12/07/93 


92 CSE 1270 


Nesnow 


04/26/93 


92 CSE 1273 


Nesnow 


11/17/93 


92 CSE 1311 


Nesnow 


05/10/93 


92 CSE 1313 


Mann 


07/06/93 


92 CSE 1315 


Reilly 


12/07/93 


92 CSE 13 16*' 


Reilly 


03/25/93 


92 CSE 1317 


Morrison 


09/02/93 


92 CSE 1326 


Reilly 


08/16/93 


92 CSE 1334 


Morrison 


05/06/93 


92 CSE 1338 


Morrison 


09/15/93 


92 CSE 1346 


Nesnow 


04/16/93 


92 CSE 1347 


West 


09/16/93 


92 CSE 1355 


Mann 


10/12/93 


92 CSE 1356 


Morrison 


08/13/93 


92 CSE 1358 


Gray 


10/18/93 


92 CSE 1360 


Morrison 


04/15/93 


92 CSE 1361 


Gray 


04/16/93 


92 CSE 1362 


Nesnow 


07/19/93 


92 CSE 1374 


Gray 


07/16/93 


92 CSE 1389 


Nesnow 


10/12/93 


92 CSE 1393 


Mann 


11/15/93 


92 CSE 1396 


Reilly 


04/15/93 


92 CSE 1404 


Reilly 


04/15/93 


92 CSE 1405 


Mann 


06/25/93 


92 CSE 1411 


Mann 


06/07/93 


92 CSE 1412 


Reilly 


08/31/93 


92 CSE 1414 


Reilly 


04/20/93 


92 CSE 1416 


Mann 


04/15/93 


92 CSE 1418 


Nesnow 


04/20/93 


92 CSE 1421 


Nesnow 


04/20/93 


92 CSE 1422 


Reilly 


04/20/93 


92 CSE 1423 


Reilly 


04/15/93 


92 CSE 1424 


Reilly 


09/15/93 


92 CSE 1445 


Becton 


06/29/93 


92 CSE 1447 


Reilly 


12/07/93 


92 CSE 1448 


Nesnow 


07/19/93 


92 CSE 1450 


Reilly 


04/15/93 


92 CSE 1455 


Morrison 


05/20/93 


92 CSE 1458 


Gray 


12/13/93 


92 CSE 1459 


Reilly 


09/08/93 


92 CSE 1460 


Becton 


06/29/93 


92 CSE 1461 


Morrison 


10/21/93 


92 CSE 1510 


Mann 


11/18/93 


92 CSE 1511 


Becton 


11/17/93 


92 CSE 1512 


Nesnow 


06/09/93 


92 CSE 1515 


Nesnow 


11/17/93 


92 CSE 1516 


Reilly 


05/11/93 


92 CSE 1517 


Mann 


08/31/93 


92 CSE 1520 


Mann 


05/07/93 


92 CSE 1522 


Becton 


05/11/93 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2344 



CONTESTED CASE DECISIONS 



agency 



Timothy R. Currence v. Human Resources 
Wardell Walker v. Human Resources 
Wallace M. Cooper v. Human Resources 
Jarvis N. Price v. Human Resources 
Thomas L. Yates v. Human Resources 
Clearnce Ray Taylor v. Human Resources 
Robert E. Tarlton Sr. v. Human Resources 
Rodney Devard Clemons v. Human Resources 
James A. Coleman v. Human Resources 
Lee Richard Jones v. Human Resources 
Romeo F. Skapple v. Human Resources 
Terrial W. Mayberry v. Human Resources 
Jeffrey L. Garrett v. Human Resources 
Edward Kirk v. Human Resources 
William C. Hubbard v. Human Resources 
William Michael Przybysz v. Human Resources 
Kevin Keith Witmore v. Human Resources 
George A. Rinell v. Human Resources 
Edward Fitch v. Human Resources 
David Rohinette v. Human Resources 
Harvey H. Boyd v. Human Resources 
Kit C. Elmore v. Human Resources 
Brian C. Gilmore v. Human Resources 
Philip S. Piercy v. Human Resources 
Anthony McLaughlin v. Human Resources 
Johnny W. Cooke v. Human Resources 
Roland L. Essaff v. Human Resources 
Isaac Maxwell v. Human Resources 
Donald J. Ray v. Human Resources 
Barbara A. Chaperon v. Human Resources 
Kenneth Eugene Johnson v. Human Resources 
Derrick Carter v. Human Resources 
Charles Wayne Pierce v. Human Resources 
Gregory L. Vernoy v. Human Resources 
Donna G. Knotts v. Human Resources 
Robert Jerome Sutton v. Human Resources 
Donald R. Williams v. Human Resources 
McKinley Clyburn v. Human Resources 
Henry L. Taylor v. Human Resources 
Tony Thorpe v. Human Resources 
Jeffery D. Williams v. Human Resources 
Ronald Sowell v. Human Resources 
Billy Smith v. Human Resources 
Rawn Weigel v. Human Resources 
Anthony Curry v. Human Resources 
John G. Williams v. Human Resources 
Larry W Golden v. Human Resources 
William J. Carter v. Human Resources 
Mark W. Dean v. Human Resources 
Linda D. McDonald v. Human Resources 
Tyrone Thomas v. Human Resources 
Rilton E. May v. Human Resources 
Milton Kendricks v. Human Resources 
Joe K. Martin v. Human Resources 
Eric Stanley Stokes v. Human Resources 
Erskin J. Thompson v. Human Resources 
Larry Thompson v. Human Resources 
Billie J. Smith v. Human Resources 
Patrick Floyd v. Human Resources 
James Eric Frost v. Human Resources 
Dennis W Nolan v. Human Resources 
Eric L. Garland v. Human Resources 
Ira Alston Jr. v. Human Resources 
Elvis Bernard Telfair v. Human Resources 
Ronald G. Bolden v. Human Resources 
Rodney H. Allen, MD v. Human Resources 
Donnell E. Byrd v. Human Resources 
Marvin Holley v. Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 CSE 1523 


Reilly 


09/09/93 


92 CSE 1524 


Reilly 


10/12/93 


92 CSE 1527 


Reilly 


05/11/93 


92 CSE 1531 


Morrison 


05/12/93 


92 CSE 1535 


Gray 


05/10/93 


92 CSE 1538 


Morrison 


11/18/93 


92 CSE 1536 


Gray 


05/17/93 


92 CSE 1539 


Gray 


05/10/93 


92 CSE 1540 


Reilly 


05/11/93 


92 CSE 1541 


Reilly 


09/08/93 


92 CSE 1545 


Gray 


04/26/93 


92 CSE 1546 


Reilly 


10/12/93 


92 CSE 1557 


Gray 


04/22/93 


92 CSE 1560 


Gray 


06/29/93 


92 CSE 1562 


Mann 


05/12/93 


92 CSE 1565 


Bee ton 


07/23/93 


92 CSE 1566 


Reilly 


11/01/93 


92 CSE 1569 


Gray 


12/09/93 


92 CSE 1572 


Reilly 


05/11/93 


92 CSE 1573 


Mann 


07/14/93 


92 CSE 1574 


Reilly 


12/09/93 


92 CSE 1575 


Gray 


07/16/93 


92 CSE 1576 


Gray 


04/26/93 


92 CSE 1577 


Gray 


07/16/93 


92 CSE 1582 


Gray 


06/29/93 


92 CSE 1585 


Bee ton 


05/11/93 


92 CSE 1588 


Morrison 


07/26/93 


92 CSE 1589 


Reilly 


04/26/93 


92 CSE 1592 


Mann 


05/19/93 


92 CSE 1593 


Mann 


10/13/93 


92 CSE 1594 


Reilly 


11/01/93 


92 CSE 1595 


Gray 


11/17/93 


92 CSE 1596 


Morrison 


07/14/93 


92 CSE 1610 


Gray 


11/09/93 


92 CSE 1611 


Morrison 


07/16/93 


92 CSE 1618 


Chess 


10/12/93 


92 CSE 1622 


Nesnow 


08/04/93 


92 CSE 1623 


Morrison 


05/20/93 


92 CSE 1624 


Mann 


09/15/93 


92 CSE 1625 


Chess 


07/15/93 


92 CSE 1626 


Mann 


05/19/93 


92 CSE 1627 


Reilly 


07/19/93 


92 CSE 1629 


Reilly 


03/25/93 


92 CSE 1630 


Mann 


11/18/93 


92 CSE 1631 


Reilly 


03/25/93 


92 CSE 1632 


Mann 


08/10/93 


92 CSE 1633 


Reilly 


03/25/93 


92 CSE 1637 


Nesnow 


05/19/93 


92 CSE 1638 


Reilly 


07/15/93 


92 CSE 1639 


Gray 


10/19/93 


92 CSE 1640 


Mann 


07/22/93 


92 CSE 1642 


Morgan 


07/29/93 


92 CSE 1647 


Gray 


12/07/93 


92 CSE 1650 


Reilly 


09/10/93 


92 CSE 1652* 3 


Reilly 


03/25/93 


92 CSE 1653 


Gray 


11/17/93 


92 CSE 1655 


Reilly 


07/22/93 


92 CSE 1656 


Gray 


07/23/93 


92 CSE 1663 


Reilly 


05/20/93 


92 CSE 1669 


Mann 


11/18/93 


92 CSE 1670 


Morrison 


06/25/93 


92 CSE 1671 


Mann 


07/22/93 


92 CSE 1703 


Bee ton 


06/16/93 


92 CSE 1704 


Reilly 


09/15/93 


92 CSE 1706 


Mann 


06/25/93 


92 CSE 1707 


Morrison 


11/18/93 


92 CSE 1712 


Chess 


10/22/93 


92 CSE 1713 


Mann 


06/08/93 



PUBLISHED DECISION 
REGISTER CITATION 



2345 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Eddie Short v. Human Resources 

Michael Tywan Marsh v. Human Resources 

Leroy Jones v. Human Resources 

Antonio M. Townsend v. Human Resources 

Kevin J. Close v. Human Resources 

Norman Gatewood v. Human Resources 

Thadius Bonapart v. Human Resources 

Ronald Norman v. Human Resources 

Joseph Eric Lewis v. Human Resources 

Ronald Dean Lowery v. Human Resources 

Tamera S. Hatfield v. Human Resources 

Michael Wayne Bryant v. Human Resources 

James E. Blakney v. Human Resources 

E. Burt Davis Jr. v. Human Resources 

Nelson Fowler Jr. v. Human Resources 

Oswinn Blue v. Human Resources 

Charles E. Whiteley v. Human Resources 

Kelvin D. Jackson v. Human Resources 

Linwood Staton v. Human Resources 

Anthony Watson v. Human Resources 

Eugene Polk v. Human Resources 

Steve R. Tallent v. Human Resources 

Charles A. Morgan v. Human Resources 

Glenda K. Hollifield v. Human Resources 

Quinton Brickhouse v. Human Resources 

Kenneth W. Williams v. Human Resources 

Charles Thompson Jr. v. Human Resources 

Wanda L. Cuthberteon v. Human Resources 

Barbara W. Catlett v. Human Resources 

Doris Kemp Brice v. Human Resources 

Laurel Langford v. Human Resources 

Ida Diane Davis v. Human Resources 

Hatsuko Klein v. Human Resources 

Karen Mullins Martin v. Human Resources 

Ora Lee Brinkley v. David T. Flaherty, Secretary of Human Resources 

Leon Barbee v. Human Resources 

Carrolton of Dunn, Inc. v. Human Resources 

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Lohavichan-Melton Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Webb- 
Lohavichan Rentals 

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of 
Cumberland County v. Human Resources, Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center, 
Webb-Lohavichan-Mellon Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raeford and Webb- 
Lohavjchan Rentals 

Bio-Medical Applications of North Carolina, Inc., d/b/a BMA 
of Raeford, Webb-Lohavichan-Melton Rentals, Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Fayetteville 
d/b/a Fayetteville Kidney Center and Webb-Lohavichan Rentals 
v. Human Resources, Division of Facility Services, Certificate of 
Need Section and Dialysis Care of North Carolina, Inc., d/b/a 
Dialysis Care of Hoke County 

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of 
Facility Services, Certificate of Need Section, and Bio-Medical 
Applications of North Carolina, Inc. , d/b/a BMA of Tarboro, 
Rocky Mount Nephrology Associates, Inc., Bio-Medical 
Applications of North Carolina, Inc., d/b/a BMA of Rocky Mount 
d/b/a Rocky Mount Kidney Center, and Rocky Mount Kidney Center 
Associates 

James H. Hunt Jr. v. Division of Medical Assistance 

Barbara Jones v. Human Resources 

Joyce P. Williams v. Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


92 CSE 1714 


West 


07/15/93 


92 CSE 1716 


Gray 


06/17/93 


92 CSE 1718 


Gray 


06/17/93 


92 CSE 1721 


Chess 


08/30/93 


92 CSE 1727 


Chess 


08/30/93 


92 CSE 1728 


Chess 


10/22/93 


92 CSE 1740 


Chess 


09/21/93 


92 CSE 1746 


Chess 


10/14/93 


92 CSE 1748 


Bee ton 


08/02/93 


92 CSE 1771 


West 


07/15/93 


92 CSE 1772 


Chess 


08/30/93 


92 CSE 1773 


Chess 


10/22/93 


92 CSE 1779 


Nesnow 


05/13/93 


92 CSE 1780 


Gray 


11/17/93 


93 CSE 0050 


Chess 


10/18/93 


93 CSE 0073 


Chess 


08/03/93 


93 CSE 0183 


Bee ton 


11/10/93 


93 CSE 0221 


West 


08/04/93 


93 CSE 0250 


Nesnow 


08/13/93 


93 CSE 0396 


Nesnow 


08/04/93 


93 CSE 0437 


Chess 


08/11/93 


93 CSE 0448 


West 


10/29/93 


93 CSE 0518 


West 


11/09/93 


93 CSE 0545 


West 


10/11/93 


93 CSE 0576 


Gray 


11/17/93 


93 CSE 0590 


Reilly 


10/18/93 


93 CSE 0696 


Morrison 


09/23/93 


93 CSE 1086 


Morrison 


01/27/94 


92 DCS 0577 


West 


03/15/93 


92 DCS 1179 


Gray 


02/07/94 


92 DCS 1181 


Gray 


05/04/93 8:5 NCR 441 


92 DCS 1200 


Gray 


03/29/93 


92 DCS 1271 


Reilly 


05/05/93 


92 DCS 1783 


West 


08/04/93 


92 DHR 0608 


Chess 


08/27/93 


92 DHR 0658 


Morrison 


04/30/93 8:4 NCR 392 


92 DHR 1101 


Morgan 


07/26/93 


92 DHR 1109** 


Morgan 


06/22/93 8:8 NCR 687 



92 DHR 1110* Morgan 06/22/93 



92 DHR 1116*" Morgan 06/22/93 



92 DHR 1 120 Gray 



06/18/93 



8:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



92 DHR 1145 Becton 
92 DHR 1192 Nesnow 
92 DHR 1275 Gray 



05/13/93 
04/02/93 
03/15/93 



8:5 NCR 443 
8:3 NCR 313 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2346 



CONTESTED CASE DECISIONS 



AGENCY 



Snoopy Day Care, Diane Hamfcy v. Child Day Care Licensing 

Cynthia Reed v. Human Resources 

The Neighborhood Center v. Human Resources 

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources 

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc. 

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc. 

Betty Butler v. Human Resources 

Wayne Sanders and Brenda Sanders v. Human Resources 

Britthaven, Inc. v. Human Resources & Valdese Nursing Home, Inc. 

Samuel Benson v. Office of Admin. Hearings for Medicaid 

James W. McCall, Alice V. McCall v. Human Resources 

Vernice Whisnant v. Human Resources 

Nell Brooks v. Child Day Care Section, Cherokee Cty Dept/Social Svcs 

Cabarrus Cty Dept. of Social Svcs. v. Human Resources 

Hannah F Tonkel v. Human Resources 

Fannie Lewis v. Human Resources 

Human Resources, Div. of Child Development v. Susan Amato 

Katie Kelly v. Human Resources 

Jessie Campbell & Hazel Campbell v. Human Resources 

A.C., by & through her agent & personal rep. Hank Neal v. Human Res. 

Venola Hall, Agape Day Care v. Human Resources 

Warren Cty NC Lucious Hawkins v. Human Resources, C. Robin Britt 

Christopher Durrer, Wilson Memorial Hospital v. Human Resources 

Mary McDuffie v. Human Resources Child Development 

Darryl A. Richardson v. Human Resources 

Home Health Prof., Barbara P. Bradsher, Admin v. Human Resources 

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development 

Thomas M. Moss v. Human Resources 

Rosa Wall v. Nurse Aide Registry, Charge of Abuse 

Frank S. & Susie R. Wells v. New Hanover Cty. Dept of Social Svcs. 

Mattie and Johnny Smith v. Lenoir County Department of Social Services 

Jody Ridge v. Human Resources 

Gloria C. Haith v. Burlington Child Dev. Center 

INSURANCE 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 DHR 1320 


Morgan 


05/21/93 


92 DHR 1329 


Chess 


05/10/93 


92 DHR 1375 


Chess 


08/02/93 


92 DHR 1604 


Reilly 


05/10/93 


92 DHR 1612 


Chess 


03/08/93 


92 DHR 1613 


Chess 


03/08/93 


92 DHR 1614 


Chess 


03/09/93 


92 DHR 1699 


Reilly 


06/07/93 


92 DHR 1785 


Gray 


09/17/93 


93 DHR 0010 


Bee ton 


03/11/93 


93 DHR 0102 


Morgan 


10/05/93 


93 DHR 0332 


Morgan 


09/23/93 


93 DHR 0343 


Bee ton 


11/29/93 


93 DHR 0373 


Morgan 


07/20/93 


93 DHR 0378 


Nesnow 


09/10/93 


93 DHR 0379 


Gray 


06/28/93 


93 DHR 0418 


Morgan 


08/26/93 


93 DHR 0441 


Chess 


07/26/93 


93 DHR 0521 


Bee ton 


01/13/94 


93 DHR 0529 


Nesnow 


12/06/93 


93 DHR 0535 


Mann 


10/22/93 


93 DHR 0540 


Gray 


12/06/93 


93 DHR 0566 


Chess 


09/17/93 


93 DHR 0651 


Bee ton 


09/10/93 


93 DHR 0679 


Beeton 


09/30/93 


93 DHR 0737 


Chess 


09/23/93 


93 DHR 0782 


Nesnow 


09/09/93 


93 DHR 0864 


Chess 


11/05/93 


93 DHR 0881 


West 


12/15/93 


93 DHR 0922 


Nesnow 


11/08/93 


93 DHR 1176 


Morrison 


12/29/93 


93 DHR 1698 


Reilly 


02/02/94 


93 DHR 1788 


Nesnow 


01/27/94 



PUBLISHED DECISION 
REGISTER CITATION 



I 



8:7 NCR 632 



8:18 NCR 1832 



8:19 NCR 1926 



♦ 



Carolyn M. Hair v. St Employees Comprehensive Major Medical 
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees// 
St. of N.C. Teachers' & St. Emp. Comp. Major Medical Plan, and 
David G. Devries, as Exec. Admin, of the N.C. Teachers' &. St. Emp. 
Comp. Major Medical Plan 
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan 
Jarmaine Knight v. Ms. Shirley H. Williams, Insurance 



92 INS 1464 
92 INS 1791 



93 INS 0197 
93 INS 1056 



Chess 
Reilly 



Nesnow 
West 



03/10/93 
08/19/93 



07/29/93 
12/01/93 



JUSTICE 



Philip B. Cates v. Justice, Attorney General's Office 

Donald Willard Johnson v. Criminal Justice Ed. & Training Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. & Traning Stds. Comm. 

Colin Carlisle Mayers v. Sheriffs' Ed. & Training Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. & Traning Stds. Comm. 

Michael Charles Kershner v. Criminal Justice Ed & Training Stds Comm 

George Wdton Hawkins v. Criminal Justice Ed. & Training Stds. Comm. 

Marilyn Jean Britt v. Criminal Justice Ed. & Training Stds. Comm. 

Tim McCoy Deck v. Criminal Justice Ed. & Training Stds. Comm. 

Richard Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm. 

Sherri Ferguson Revis v. Sheriffs' Ed. &. Training Stds. Comm. 

Mark Thomas v. Sheriffs* Ed. & Training Standards Commission 

George Wilton Hawkins v. Sheriffs Ed. &. Training Stds. Comm. 

Noel B. Rice v. Criminal Justice Ed. &. Training Standards Comm. 

Lonnie Allen Fox v. Sheriffs' Ed. & Training Standards Commission 

Alarm Systems Licensing Bd. v. Eric Hoover 

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither 

Rebecca W Stevenson v. Criminal Justice Ed. & Training Stds. Comm. 

Lloyd Harrison Bryant Jr. v. Criminal Justice Ed &. Training Stds Comm 

William B. Lipscomb v. Private Protective Services Board 

Private Protective Svcs. Bd. v. Fred D. Rector 

Private Protective Svcs. Bd. v. Alan D. Simpson 



90 DOJ 0353 


Morgan 


08/30/93 


8:13 NCR 1281 


92 DOJ 0420 


West 


11/05/93 


8:17 NCR 1705 


92 DOJ 0656* 7 


West 


06/22/93 




92 DOJ 0761 


Morrison 


05/10/93 




92 DOJ 0829 * 7 


West 


06/22/93 




92 DOJ 0869 


Morgan 


08/11/93 




92 DOJ 1081*' 


Morgan 


07/09/93 




92 DOJ 1088 


Morrison 


03/16/93 




92 DOJ 1367 


Chess 


04/01/93 




92 DOJ 1465 


Nesnow 


05/28/93 




92 DOJ 1756 


Gray 


03/23/93 




93 DOJ 0151 


West 


04/21/93 




93 DOJ 0156*' 


Morgan 


07/09/93 




93 DOJ 0174 


Morrison 


12/13/93 




93 DOJ 0196 


Morrison 


08/09/93 




93 DOJ 0201 


Beeton 


07/12/93 




93 DOJ 0202 


Chess 


05/10/93 




93 DOJ 0357 


Morrison 


09/13/93 




93 DOJ 0377 


Reilly 


08/31/93 




93 DOJ 0458 


Morrison 


06/01/93 




93 DOJ 0479 


Mann 


08/19/93 




93 DOJ 0480 


West 


07/21/93 





i 



2347 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



William M. Medlin v. Sheriffs' Ed. & Training Stds. Comm. 
Karl L. Halsey Sr. v. Criminal Justice Ed. &. Training Side. Comm. 
Charles Freeman v. Sheriffs' Ed. & Training Stds. Comm. 
Shayne K. MacKinnon v. Sheriffs' Ed. & Training Stds. Comm. 
Carl Michael O'Byrne v. Alarm Systems Licensing Boaid 
Gary D. Cunningham v. Private Protective Services Board 
Private Protective Services Boaid v. Michael A. McDonald 
Levon Braswell v. Private Protective Services Board 
Thomas H. Groton v. Sheriffs' Ed. & Training Stds. Comm. 
Dale Alvin Floyd v. Private Protective Services Boaid 

LABOR 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 DOJ 0569 


Chess 


10/06/93 




93 DOJ 0625 


Gray 


12/01/93 




93 DOJ 0685 


Nesnow 


12/06/93 




93 DOJ 0686 


Nesnow 


12/16/93 




93 DOJ 0844 


Nesnow 


09/08/93 


8:13 NCR 1300 


93 DOJ 0845 


Reilly 


12/22/93 




93 DOJ 0975 


Gray 


11/29/93 




93 DOJ 1003 


Morrison 


12/29/93 


8:20 NCR 2020 


93 DOJ 1116 


Bee ton 


01/06/94 




93 DOJ 1472 


Morrison 


12/30/93 





Greensboro Golf Center, Inc. v. Labor 

Ronald Dennis Hunt v. Labor 

Jeffrey M. McKinney v. Labor 

Pastor Larry C. Taylor Warsaw Church of God v. Labor 

MORTUARY SCIENCE 

Boaid of Mortuary Science v. Triangle Funeral Chapel, Inc. 
PUBLIC INSTRUCTION 



92 DOL 0204 


Nesnow 


04/15/93 


92 DOL 1319 


Morgan 


06/17/93 


92 DOL 1333 


Morrison 


06/21/93 


93 DOL 0961 


West 


11/16/93 



92 BMS 1169 



Reilly 



04/29/93 



8:4 NCR 396 



Arnold O. Herring v. Public Instruction 

Frances F. Davis, Parent of Joseph E. Davis v. Public Instruction 

Donna Marie Snyder v. Public Instruction 

Virginia Willoughby v. Craven County Boaid of Education 

Harold Wayne Poteat v. Bob Etheridge, Super/Public Ins., NC St Bd/Ed 

J.E. Sappenfield v. Guilford County Board of Education 



91 EDC 0858 


Bee ton 


10/20/93 


93 EDC 0628 


Mann 


07/29/93 


93 EDC 0731 


Nesnow 


09/16/93 


93 EDC 1 143 


Mann 


12/17/93 


93 EDC 1692 


Bee ton 


02/07/94 


94 EDC 0013 


Mann 


02/10/94 



8:20 NCR 2022 



STATE PERSONNEL 



Frances K. Pate v. Transportation 

Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Connie B. Lee v. Justice 

Donald Allen Rutschman v. UNC Greensboro, Office of Human Res. 
Bernie B. Kellly v. Correction 

William H. Peace HI v. Employment Security Commission 
Brenda G. Mitchell v. Correction 
Walton M. Pittman v. Correction 

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation 
Clayton Brewer v. North Carolina State University 
Sherman Daye v. Transportation 
Donnie M. White v. Correction 

Gregory Samuel Parker v. Environment, Health, & Natural Resources 
Renee E. Shepheid v. Winston-Salem State University 
Eva Dockery v. Human Resources 

Lee P. Crosby v. Michael Kelly, William Meyer and EHR 
William Marshall Boyd Jr. v. County Commissioners of Hyde & 

Certain Board of Health Members 
Gregory Samuel Parker v. Environment, Health, &. Natural Resources 
Willie Granville Bailey v. Winston-Salem State University 
Mattie W. Smith v. State Agricultural and Technical University 
Julia Spinks v. Environment, Health, & Natural Resources 
James B. Price v. Transportation 
I. Cary Nailling v. UNC-CH 
Deborah Barber v. Correction 



88 OSP 0340 


Morrison 


05/03/93 




90OSP 1064* 4 


Mann 


05/04/93 




90 OSP 1065** 


Mann 


05/04/93 




90 OSP 1066** 


Mann 


05/04/93 




90 OSP 1067** 


Mann 


05/04/93 




90 OSP 1068** 


Mann 


05/04/93 




91 OSP 0011 


Morgan 


10/05/93 


8:15 NCR 1498 


91 OSP 0305 


Chess 


10/19/93 




91 OSP 0344 


Morrison 


05/27/93 




91 OSP 0572 


Chess 


10/12/93 




91 OSP 0625 


West 


03/08/93 


8:1 NCR 75 


91 OSP 0805 


Morgan 


10/06/93 




91 OSP 0860 


Chess 


07/19/93 




91 OSP 0941 


West 


04/02/93 


8:3 NCR 306 


91 OSP 0951 


West 


05/07/93 




91 OSP 1236 


Morgan 


04/05/93 




91 OSP 1344* 1 


Chess 


05/20/93 




91 OSP 1391 


Morgan 


04/28/93 




92 OSP 0010 


Chess 


05/03/93 




92 OSP 0056 


Gray 


06/07/93 




92 OSP 0090 


Gray 


08/25/93 




92 OSP 0188*> 


Chess 


05/20/93 




92 OSP 0285 


Morrison 


03/10/93 




92 OSP 0298* 12 


Reilly 


09/14/93 




92 OSP 0313 


Becton 


04/12/93 


8:4 NCR 382 


92 OSP 0375 


Gray 


04/13/93 




92 OSP 0394 


Becton 


04/20/93 




92 OSP 0396 


Chess 


03/04/93 





8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2348 



CONTESTED CASE DECISIONS 



a<;kncy 



Laverne B. Hill v. Transportation 

Jimmy D. Wilkins v. Transportation 

Sarah W. Britt v. Human Resources, C.A. Dillon School, CPS 

Charles Robinson v. Revenue 

Anna L. Spencer v. Mecklenburg County Area Mental Health 

Herman James Goldstein v. UNC-Chapel Hill et al. 

Ronnie H. Mozingo v. Correction 

Glinda C. Smith v. Wildlife Resources Commission 

Cindy G. Bartlett v. Correction 

William Kenneth Smith Jr. v. Broughton Hospital (Human Resources) 

Larry O. Nobles v. Human Resources 

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ. 

Tracey Hall v. N.C. Central U, Off. of Scholarship & Student Aid 

Sondra Williams v. Winston-Salem State University 

Willie Thomas Hope v. Transportation 

David Scales v. Correction 

Suzanne Ransley Hill v. Environment, Health, &. Nat. Res. 

Herman James Goldstein v. UNC-Chapel Hill et al. 

Charles M. Blackwelder v. Correction 

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ. 

John B. Sauls v. Wake County Health Department 

Patti G. Newsome v. Transportation 

Nancy McAllister v. Camden County Department of Social Services 

Gilbert Jaeger v. Wake County Alcoholism Treatment Center 

Rex Inman v. Stokes County Department of Social Services 

Joseph Henry Bishop v. Environment, Health, & Natural Res. 

Glenn D. Fuqua v. Rockingham County Board of Social Services 

Dorothy D. Johnson v. Correction 

Willie L. Hudson v. Correction 

Brenda K. Campbell v. Employment Security Commission 

Christie L. Guthrie v. Environment, Health, & Natural Resources 

Sharon Reavis v. Crime Control & Public Safety 

Alphonso Walker v. Human Resources 

James B. Price v. Transportation 

Jerry L. Jones v. N.C.S.U. Physical Plant 

Mattie W. Smith v. State Agricultural and Technical University 

Gina Renee Cox v. UNC Chapel Hill 

Roland W. Holden v. University of North Carolina at Chapel Hill 

Betty Bradsher v. UNC-CH 

Anthony M. Little v. Human Resources, John Umstead Hospital 

Jannie C. Sykes v. Employment Security Commission 

Jamal Al Bakkat-Morns v. Glenn Sexton (DSS) 

Rebecca Beauchesne v. University of North Carolina at Chapel Hill 

Brenda Kay Barnes v. Human Resources 

Larry G. Riddle v. Correction, Division of Prisons 

Stevie E. Dunn v. Polk Youth Center 

Buford D. Vieregge Jr. v. N.C. State University, University Dining 

Dorothy Ann Harris v. Correction 

Brenda B. Miles v. University of North Carolina Chapel Hill 

Deborah J. Whitfield v. Caswell Center 

Karen Canter v. Appalachian State University 

Terry Steve Brown v. Iredell County Health Department 

Barbara A. Johnson v. Human Resources 

Carrie P. Smith v. County of Stanly 

George W. Allen v. Human Resources, Correction, Agri &. EHNR 

William G. Fisher v. St Bd of Ed, Albermarle City Schools & Bd of Ed 

Grace Jean Washington v. Caswell Center 

Ralph Snipes v. Transportation and Correction 

Clifton E. Simmons v. Correction 

Willie L. James v. Caswell Center 

Irving S. Rodgers v. C.A. Dillon, Division of Youth Services 

Richard E. Howell v. Correction, Wayne Correctional Center 

Brian Dale Barnhardt v. State Highway Patrol 

F.R. "Don" Bowen v. Human Resources 

Michael L. Pegram v. Correction 

Jerry D. Doss Sr. v. Correction 

Odessa Parker v. Durham County Dept. of Social Services 

Debbie Renee Robinson v. Correction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AL.) 


DECISION 


REGISTER CITATION 


92 OSP 0431* 1 


West 


03/08/93 




92 OSP 0432* 1 


West 


03/08/93 




92 OSP 0455 


West 


05/26/93 


8:6 NCR 484 


92 OSP 0553 


Morgan 


07/21/93 




92 OSP 0584 


Bee ton 


08/16/93 




92 OSP 0634 


Morrison 


05/04/93 




92 OSP 0644 


Mann 


10/11/93 




92 OSP 0653 


Morrison 


03/12/93 




92 OSP 0671 


Morgan 


06/08/93 




92 OSP 0684 


Bee ton 


05/10/93 




92 OSP 0732 


Mann 


04/23/93 




92 OSP 0744* 10 


Morgan 


07/16/93 




92 OSP 0815 


Morgan 


09/16/93 




92 OSP 0847 


Morrison 


08/06/93 




92 OSP 0947 


Morgan 


03/23/93 




92 OSP 0989 


Chess 


06/24/93 




92 OSP 0992 


Reilly 


03/18/93 


8:2 NCR 224 


92 OSP 1047 


Morrison 


05/04/93 




92 OSP 1082 


Morrison 


10/15/93 


8:15 NCR 1500 


92 OSP 1124* 10 


Morgan 


07/16/93 




92 OSP 1142 


Reilly 


03/08/93 


8:1 NCR 88 


92 OSP 1180 


Beeton 


09/22/93 


8:14 NCR 1346 


92 OSP 1185 


Chess 


09/07/93 




92 OSP 1204 


Reilly 


05/10/93 




92 OSP 1230 


Beeton 


01/18/94 




92 OSP 1243 


Reilly 


03/05/93 




92 OSP 1318 


Morrison 


08/03/93 




92 OSP 1395 


Nesnow 


10/29/93 




92 OSP 1468 


Beeton 


05/26/93 




92 OSP 1505 


Morrison 


03/17/93 




92 OSP 1555 


Beeton 


05/31/93 




92 OSP 1606 


Morrison 


08/19/93 


8:12 NCR 1163 


92 OSP 1615 


Chess 


12/16/93 




92 OSP 1657 


Mann 


03/19/93 




92 OSP 1661 


Chess 


07/06/93 




92 OSP 1691* 12 


Reilly 


09/14/93 




92 OSP 1692 


Beeton 


10/18/93 




92 OSP 1715 


Beeton 


08/30/93 


8:13 NCR 1292 


92 OSP 1733 


Beeton 


03/30/93 




92 OSP 1734 


Beeton 


09/01/93 




92 OSP 1738 


Gray 


10/25/93 




92 OSP 1741 


Beeton 


03/24/93 




92 OSP 1767 


Beeton 


10/01/93 




92 OSP 1768 


Morrison 


03/17/93 




92 OSP 1774 


Gray 


04/26/93 




92 OSP 1789 


Beeton 


04/19/93 




92 OSP 1796 


Morrison 


05/27/93 




93 OSP 0013 


Morrison 


09/15/93 




93 OSP 0033 


Morrison 


09/10/93 




93 OSP 0064 


West 


09/20/93 




93 OSP 0079 


Reilly 


06/15/93 




93 OSP 0101 


Morgan 


08/06/93 




93 OSP 0103 


Morrison 


03/17/93 




93 OSP 0109 


Beeton 


04/01/93 




93 OSP 01 11 


Reilly 


04/16/93 




93 OSP 0134 


Beeton 


04/20/93 




93 OSP 0153 


Morgan 


06/03/93 




93 OSP 0157 


Mann 


12/13/93 




93 OSP 0159 


Morrison 


04/21/93 




93 OSP 0171 


Morgan 


05/27/93 




93 OSP 0177 


West 


04/21/93 




93 OSP 0245 


Gray 


08/25/93 




93 OSP 0251 


Reilly 


07/27/93 




93 OSP 0253 


Morgan 


08/06/93 




93 OSP 0275** 


Reilly 


06/28/93 




93 OSP 0287 


Gray 


05/17/93 




93 OSP 0366 


Nesnow 


12/15/93 




93 OSP 0383 


Nesnow 


06/07/93 





I 



♦ 



♦ 



2349 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



CONTESTED CASE DECISIONS 



AGENCY 



Sharon Brandon v. Dorothea Dix Hospital 

Shaw Boyd v. Correction 

Ida Gaynell Williams v. Wilson County Dept. of Social Services 

Linda R. Wharton v. N.C. A & T University 

Michael L. Pegram v. Correction 

Ralph W Bureham v. Transportation 

Claudius S. Wilson v. Human Resources 

Edward D. Day Jr., John D. Warlick, Gary W Beecham v. Correction 

Edward D. Day Jr., John D. Warlick, Gary W. Beecham v. Correction 

Carrie Lee Gardner v. Human Resources 

Alvin Lamonte Breedon v. OPC Mental Health 

Edward D. Day Jr., John D. Warlick, Gary W Beecham v. Correction 

Hubert L. Holmes v. Transportation 

Vernell Ellis Turner v. NC A & T P>lice Dept, NC Agricultural Tech U 

Barry W. Corbett v. Environment, Health, & Natural Resources 

Everette E. Newton v. University of NC at Chapel Hill 

Constance Smith-Rogers v. Human Resources 

Timothy E. Blevins v. UNC A/K/A Western Carolina University 

Xanlippe Blackwell v. Human Resources, Murdoch Center 

Wayne Bradley Johnson v. State Computing Center 

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons 

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County 

Department of Social Services 
Terry Johnson v. Correction 
David Henry v. Correction 
Kathleen E. Conran v. New Bern Police Dept., City of New Bern; and 

City of New Bern Police Civil Service Board 
Berton Hamm Jr. v. Wake County Child & Family Services 
John R. Woods Sr. v. Wake County Child & Family Services 
Coleman F. Tyrance Jr. v. Wake County Child & Family Services 
John Augusta Ifoge v. Wake County Child & Family Services 
Thomas James v. Wake County Child & Family Services 
James E. Hargrove v. Wake County Child & Family Services 
Ricky Harrell v. Wake County Child &, Family Services 
Bruce Creecy v. Wake County Child & Family Services 
Dana Phillips v. Administrative Office of the Courts 
William G. Beam v. Transportation 

Mary U. Rote v. Carteret Community Action, Inc. & Carteret Cty. 
Terry P. Chappell v. Correction 

Marie C. Ricucci v. Forsyth County Public Health Dept. 
Willie David Moore v. Correction (Piedmont Correctional Inst.) 
George Lynch Jr. v. Carla O'Konek, Correction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 OSP 0419 


Gray 


12/06/93 




93 OSP 0438 


Morgan 


11/12/93 


8:18 NCR 1838 


93 OSP 0440 


Gray 


12/01/93 




93 OSP 0456 


Chess 


09/22/93 




93 OSP 0472* 8 


Rcilly 


06/28/93 




93 OSP 0493 


Chess 


10/15/93 


8:16 NCR 1558 


93 OSP 0498 


Gray 


12/15/93 




93 OSP 0522*° 


Morrison 


12/14/93 


8:19 NCR 1922 


93 OSP 0523*" 


Morrison 


12/14/93 


8:19 NCR 1922 


93 OSP 0537 


Reilly 


12/21/93 




93 OSP 0551 


Gray 


11/23/93 




93 OSP 0567*° 


Morrison 


12/14/93 


8:19 NCR 1922 


93 OSP 0572 


Reilly 


08/17/93 




93 OSP 0577 


Becton 


11/03/93 




93 OSP 0584 


Reilly 


01/13/94 


8:21 NCR 2110 


93 OSP 0589 


Reilly 


12/07/93 




93 OSP 0593 


Rcilly 


12/21/93 




93 OSP 0604 


Morgan 


09/29/93 




93 OSP 0632 


Reilly 


09/01/93 




93 OSP 0694 


Chess 


10/11/93 




93 OSP 0697 


Nesnow 


09/08/93 




93 OSP 0752 


Nesnow 


09/16/93 




93 OSP 0757 


Gray 


10/06/93 




93 OSP 0789 


Gray 


11/29/93 




93 OSP 0797 


Morrison 


09/21/93 




93 OSP 0809 


Bee ton 


10/27/93 




93 OSP 0810 


Becton 


11/02/93 




93 OSP 0811 


Becton 


11/02/93 




93 OSP 0812 


Becton 


11/02/93 




93 OSP 0813 


Becton 


11/02/93 




93 OSP 0814 


Becton 


11/02/93 




93 OSP 0815 


Becton 


11/02/93 




93 OSP 0816 


Becton 


11/02/93 




93 OSP 0822 


West 


09/09/93 




93 OSP 0828 


West 


12/29/93 




93 OSP 0831 


Morrison 


12/29/93 




93 OSP 0834 


Nesnow 


10/11/93 




93 OSP 0882 


West 


01/27/94 




93 OSP 1043 


Nesnow 


12/03/93 




93 OSP 1065 


Morrison 


02/08/94 





STATE TREASURER 



Juanita M. Braxton v. Bd. of Trustees /Teachers' & St Emp Ret Sys 
James Hines on behalf of Luther Hines (Deceased) v. Board of 
Trustees Teachers' and State Empployecs' Retirement System 
Herman D. Brooks v. Bd of Trustees/Teachers' &. St Emp Ret Sys 
Henrietta Sandlin v. Teachers* & State Emp Comp Major Medical Plan 
Frances Billingsley v. Bd /Trustees /Teachers' & St. Emp. Ret. Sys. 
Dennis Willoughby v. Bd. /Trustees /Teachers* & St. Emp. Ret. Sys. 
Mary Alyce Carmiehael v. Bd/Trustees/Teachers' & St Emp Ret Sys 
Shirley M. Smith v. Bd. /Trustees/Teachers* & St. Emp. Ret. Sys. 
W. Rex Perry v. Bd/Trustees/Teachers* & St Emp Ret Sys 
Rory Dale Swiggett v. Bd. /Trustees /N.C. Local Govtl. Emp. Ret. Sys. 
Catherine D. Whitley v. Bd. /Trustees /Teachers & St. Emp. Ret. Sys. 



91 DST 0017 


West 


09/07/93 




91 DST 0130 


Morgan 


01/21/94 




91 DST 0566 


Gray 


04/13/93 




92 DST 0305 


Morgan 


04/12/93 




92 DST 0996 


West 


09/20/93 




92 DST 1439 


West 


09/20/93 


8:14 NCR 1356 


92 DST 1506 


Chess 


04/08/93 




92 DST 1776 


Reilly 


11/18/93 


8:18 NCR 1829 


93 DST 0133 


West 


08/12/93 


8:11 NCR 992 


93 DST 0198 


West 


09/28/93 


8:14 NCR 1360 


93 DST 0727 


Reilly 


11/18/93 





TRANSPORTATION 



Yates Construction Co., Inc. v. Transportation 

American S&P Auto v. Commissioner, Div. of Motor Vehicles 

William G. Oglesby v. Division of Motor Vehicles 



92 DOT 


1800 


Morgan 


03/25/93 


93 DOT 


1070 


Morrison 


12/02/93 


93 DOT 


1375 


Morrison 


12/29/93 



UNIVERSITY OK NORTH CAROLINA HOSPITALS 



Constance V. Graham v. UNC Hospital 
Jacqueline Florence v. UNC Hospitals 



93 UNC 0269 
93 UNC 0355 



Morgan 
Becton 



07/20/93 
06/16/93 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



2350 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are father broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary' of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Ad muii st native Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Exam me rs 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



2351 



8:23 



NORTH CAROLINA REGISTER 



March 1, 1994 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1993 - March 1994) 

Pages Issue 

1 - 92 1 - April 

93 - 228 2 - April 

229 - 331 3 - May 

332 - 400 4 - May 

401 - 455 . 5 - June 

456 - 502 6 - June 

503 - 640 7 - July 

641 - 708 8 - July 

709 - 792 9 - August 

793 - 875 10 - August 

876 - 1006 11 - September 

1007 - 1184 12 - September 

1185 - 1307 13 - October 

1308 - 1367 14 - October 

1368 - 1512 15 - November 

1513 - 1568 16 - November 

1569 - 1719 17 - December 

1720 - 1849 18 - December 

1850 - 1941 19 - January 

1942 - 2031 20 - January 

2032 - 2118 21 - February 

2119 - 2213 22 - February 

2214 - 2355 23 - March 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

Administration's Minimum Criteria, 5 

Auxiliary Services, 1724 

Low-Level Radioactive Waste Management Authority, 232 

State Employees Combined Campaign, 1008 

ADMINISTRATIVE HEARINGS 

Civil Rights Division, 370 
General, 366 
Hearings Division, 1480 
Rules Division, 367 

AGRICULTURE 

Aquaculture, 1212, 2126 

Markets, 2125, 2127 

N.C. State Fair, 506 

Plant Industry, 513, 1212, 2125, 2141 

Standards Division, 1212, 2124 

Veterinary Division, 515, 1212 



8:23 NORTH CAROLINA REGISTER March 1, 1994 2352 



CUMULATIVE INDEX 



I 



COMMERCE 

Alcoholic Beverage Control Commission, 408, 711, 1310 

Banking Commission. 408, 798, 1312 

Cemetery Commission, 810 

Credit Union Division, 1724 

Savings Institutions Division: Savings Institutions Commission, 461 

State Ports Authority, 811, 1570 

COMMUNITY COLLEGES 

Community Colleges, 1527 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 279, 571, 962, 1405, 1862 

Comprehensive Conservation and Management Plan, 882 

Departmental Rules, 465, 2223 

Environmental Health, 2067 

Environmental Management, 210, 556, 658, 797, 893, 1254, 1748, 1858, 2039, 2243 

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417, 1663, 1782, 1850 

Marine Fisheries, 28, 568, 1573 

Mining: Mineral Resources, 829 

NPDES Permit, 710 

Radiation Protection, 1662 

Soil and Water Conservation Commission, 214, 1322 

Vital Records, 1525 

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613, 1723, 1773, 1957 

Wildlife Resources Commission Proclamation, 1851, 2123 

Zoological Park, 337 

FINAL DECISION LETTERS 

Voting Rights Act, 4. 407, 460, 795. 880, 1371, 1514, 1569, 1722, 1942, 2033, 2121, 2216 

GENERAL STATUTES 

Chapter 7A, 1185 
Chapter 150B. 1187 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 93, 229, 332, 401, 456, 641, 793, 876, 1007, 1209, 1308, 1368, 1513. 1720, 
2032, 2119, 2214 

HUMAN RESOURCES 

Aging. Division of, 815, 1372 

Blind, Services for the, 884 

Deaf and Hard of Hearing, Services for the, 650 

Departmental Rules, 2143 

Facility Services, 94, 883. 1014, 1215, 1312, 1519, 1725, 2036 

Medical Assistance, 25, 414, 553. 712, 888, 1316, 1742, 1943 

Medical Care Commission, 644, 1312 

Mental Health, Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217, 

1852 

Social Services Commission, 237. 733, 1091, 1376, 1743, 2037 



♦ 



EVSURANCE 

Actuarial Services, 555. 657, 1249. 1321. 1403 

Agent Services Division, 1399 

Engineering and Building Codes Division, 1248 



I 



2353 8:23 NORTH CAROLINA REGISTER March I, 1994 



CUMULATIVE INDEX 



I 



Financial Evaluation Division, 1093, 1317, 1946, 2145 
Life and Health Division, 1094, 1318, 1400, 1956 
Medical Database Commission, 463, 737, 1956 
Property and Casualty Division, 1400, 2144 
Special Services Division, 1096 

JUSTICE 

Alarm Systems Licensing Board, 761 

Attorney General, Office of the, 28 

Criminal Justice Education and Training Standards Commission, 253 

Criminal Justice Standards Division, 241 

Departmental Rules, 1096 

Private Protective Services Board, 252, 890, 2151 

Sheriffs' Education and Training Standards Commission, 738 

LABOR 

OSHA, 97, 231, 278, 892, 1523, 1744, 2035, 2154, 2221 

LICENSING BOARDS 

Architecture, 43 

Certified Public Accountant Examiners, 1418 

Chiropractic Examiners, 1806 

Cosmetic Art Examiners, 969, 1526, 2071, 2162 

Dental Examiners, State Board of, 763, 1960, 2166 

Electrolysis Examiners, Board of, 841, 1457 

Foresters, Registration for, 674 

General Contractors, Board of, 2320 

Geologists, Board of, 285, 2072 

Landscape Architects, 1256 

Medical Examiners, Board of, 591, 1458, 1685, 1965, 2167 

Mortuary Science, Board of, 45, 342, 971, 1461, 2170 

Nursing, Board of, 1463 

Nursing Home Administrators, 346 

Occupational Therapy, 1469 

Opticians, Board of, 1261 

Pharmacy, Board of, 47, 354, 1326 

Physical Therapy Examiners, 53, 767 

Plumbing, Heating and Fire Sprinkler Contractors, 360 

Practicing Psychologists, Board of, 844, 1807, 1880 

Professional Engineers and Land Surveyors, Board of, 2172 

Real Estate Appraisal Board, 1976 

Real Estate Commission, 53, 364, 1996 

Refrigeration Examiners, 1148, 1526 

Social Work, Certification Board for, 428, 1808 

Therapeutic Recreation Certification Board, 1328 

LIST OF RULES CODIFIED 

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535, 1687, 1881, 2074 

PUBLIC EDUCATION 

Elementary and Secondary Education, 427, 470, 1873, 2068, 2319 

SECRETARY OF STATE 

Land Records Management Division, 1792 



8:23 NORTH CAROLINA REGISTER March I, 1994 2354 



CUMULATIVE INDEX 



STATE PERSONNEL 

Office of State Personnel, 286, 972, 1262, 1472, 2325 

STATE TREASURER 

Local Government Commission, 1795 
Retirement Systems, 337, 1 146 

TAX REVIEW BOARD 

Orders of Tax Review, 503, 1516, 2217 

TRANSPORTATION 

Highways, Division of, 669, 836, 2158 
Motor Vehicles, Division of, 1145, 1875 



2355 8:23 NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRATIVE CODE 



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